Getting ripped off

What is the name of your state? California

I got a car alarm installed from a stereo place the beginning of January 2004. When I got it installed they told me to go to their other store to have it installed. They installed it, but not right, so the next day I took it back. They still didn't do it right, so I took it back a 3rd time. The alarm has a remote start built in and I wanted that installed also, but they said I need an extra module for that to work. I didn't get it at that time. The alarm alone was 300 bucks installed and the module at that time was 150 bucks installed. I just went with the alarm. Now, I wanted to add that feature and they are trying to charge me 250 bucks installed. I did a little research and it turns out that I don't need that module at all. I had the company that makes the alarm talk to the manager and the manager said that since my car is a new car it has a chip that won't do the remote start without the module. I then went to the company who makes that module and asked them if I need that for my car and they said, "No." That module is only for cars with keys that have a built in chip, so when the key is in the ignition it sends a signal to the car's computer. Do any of you think I can do anything about this because the remote start is included in the alarm, but on my receipt they wrote down no remote start. Any suggestions would be appreciated. Thanks. If this is unclear let me know and I'll try and explain it better.

My response:

You're right - - your post is unclear. You said, "Do any of you think I can do anything about this . . ." "This" what? Return the alarm? Make them make it work? Convince them a module is not required?

In other words, what is your "legal" question?

IAAL

They keep insisting that I need that module, but I don't. They won't install the remote start because I'm not having that module put in. The remote start is part of the alarm. It's like they did a half-ass job on the install and trying to make more money off of me. My question is if they don't install the rest of the alarm, which is the remote start feature, can I take them to small claims? That feature is part of the alarm and I shouldn't have to buy any extra modules. All sales are final... Does this help?

JesterTSK said:

They keep insisting that I need that module, but I don't. They won't install the remote start because I'm not having that module put in. The remote start is part of the alarm. It's like they did a half-ass job on the install and trying to make more money off of me. My question is if they don't install the rest of the alarm, which is the remote start feature, can I take them to small claims? That feature is part of the alarm and I shouldn't have to buy any extra modules. All sales are final... Does this help?

Click to expand...

My response:

Your case would be a Small Claims claim. However, Small Claims court is a "money court" - - that is, Small Claims cannot award you "specific performance"; i.e., the court cannot give you a judgment to "force" them to make the alarm work the way you want.

The problem, however, that you're facing is the fact that the alarm does work - - just not the way you want. So, unless the alarm is "defective" you can't even get your money back. Since the installers are the "experts" about the alarm, it's highly doubtful that you'll be able to convince the judge that it doesn't work the way you want, especially in the face of their testimony that to make it work the way you want, that you need to purchase a "module".

A written statement from the alarm manufacturer is not going to suffice. Courts don't accept written statements. Therefore, in order to prove your claims, you'll need to Subpoena a representative of the alarm company to testify. If the testimony is sufficient; i.e., that the installers don't know what they're talking about, in the face of the manufacturer's testimony, then you MIGHT get a judgment for the return of your money.

Good luck.

IAAL

Would I also need to subpoena a representative from the company that makes the module? I asked them if I would need that module for my car. They checked their lists and my car was listed as NOT needing the module. Another thing is that the module is for car keys with a built in chip and that's why the module is needed to bypass that, but there isn't any chip in my key. It's just a regular car key. Also, would I be able to get money for the time I took off of work to go down there and argue with them?

In addition to IAAL's correct post, I offer the following:
Most alarm installations are basic installs only. Does your 'work order' include that they were to install the 'remote start' capability?? If not, it is even less likely that you would prevail in court. Especially considering that you already acknowledged that the 'feature' was going to cost an additional $150 for installation.

Simply, did you pay $300 or $450, or $550?? If you paid $300, you got what you paid for.

You're right...my receipt says no remote start. The alarm itself has that. It's part of the alarm. It's not an addon feature it's a complete package built in. The thing that concerns me is that they're trying to rip me off by saying I need something when I don't, for a fact. That module is only for cars with those special keys with built in chips to send a signal to the car's computer. Mine is just an ordinary key. They're arguement was that since my car is new it has that, but it doesn't. I know that's not much of an argument, but I just hate being ripped off.

JesterTSK said:

You're right...my receipt says no remote start. The alarm itself has that. It's part of the alarm. It's not an addon feature it's a complete package built in. The thing that concerns me is that they're trying to rip me off by saying I need something when I don't, for a fact. That module is only for cars with those special keys with built in chips to send a signal to the car's computer. Mine is just an ordinary key. They're arguement was that since my car is new it has that, but it doesn't. I know that's not much of an argument, but I just hate being ripped off.

Click to expand...

My response:

First, there's no need to keep repeating the same facts. We can read. We understand that you have a "plain key" and not one with a chip in it - - and all the rest of the "facts".

Second, you said "The alarm itself has that. It's part of the alarm. It's not an addon feature it's a complete package built in."
So, do you have that in writing; e.g., in the instruction manual? If so, then you may not need to subpoena anyone. Your "proof" would be in the manufacturer's booklet that you should have.

IAAL

First of all, I apologize for repeating myself. Second, it does state it on the box and in the manual, but do you think having it say no remote start on the receipt will count against me? It even has an "RS" in the model name which means remote start.

Okay, then take your letter from the manufacturer (saying that the remote is not required) to the installer and ask them to review whether the module is required or not. If they still won't install it for some reason, then simply take your vehicle to another alarm installer (there are thousands of them!) and pay them to install it.

How about providing the make and model number of the alarm system and your vehicle information so that we can check it out??

Alarm:
Galaxy 5000RS Plus made by scytek.net

Car:
2004 Toyota Scion xB

In reviewing the manual, it certainly appears that the remote starter feature should have been readily available without an additional module.
Now, the only question becomes.... what exactly did you pay for and did it include the remote starter 'installation'?

One further suggestion....since it appears that this installer is unable or reluctant to install the 'remote starter' feature, ask the manufacturer to suggest another authorized installer and see what they would charge.