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Can I demand negotiation on a different vehicle - Indiana?

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#1
I live in Indiana. I signed paperwork on a 2017 Certified Pre Owned Ford Escape with just under 40000 miles on 06/07/2018. I made a decision at time of sale to purchase an extended warranty that is 'bumper to bumper' coverage until 125000 miles. I had test drove the vehicle overnight and noticed a water stain on the roof edge fabric which I assumed was a result of a leak from the sun roof. When I went in to purchase the vehicle, I mentioned the stain. I was told that the drain track around the sun roof can get clogged and it was no problem that this would be taken care of. Within 6 hours/50 miles from taking ownership, the engine light came on. I called and was told to take the vehicle to service on 06/12/2018, unless the light started flashing, then to return it immediately. The vehicle was out in a rain storm overnight and there was again a water stain at the roof edge that was supposedly fixed before I signed to purchase the vehicle. I took the vehicle at the designated time. I was then informed it would have to be left and given a loaner vehicle (complete with dealership graphics all over the side). For the next several days, I kept being told there was a technical service bulletin and they were waiting on parts. After some time, they informed me that they scheduled it into the body shop to clean out the sun roof drains. On 06/18/2018 I was told the parts were finally in and they were beginning the 12 hour repair. It had been constant statements of 'maybe another day or two' for the entire week. I called on 06/20/2018 and was told it would be another day. I stated that I would be in on 06/21/2018 at 9:00 am to get the car. Upon arrival on 06/21/2018, I was told the car was still in repair and likely would not be available until the next day. After raising holy heck as I was driving a loaner car and have difficulty with physical limitations getting in and out of the car. I was then given an SUV (same dealership graphics). I was notified in the afternoon on 06/22/2018 that the vehicle was done.

I picked up the vehicle on the same day I was notified it was done to get out of the 'clown car' that I was driving around advertising for this dealership. I had asked previously to speak to the sales manager. In this conversation, the sales manager admitted that the sun roof drains were not cleaned out on the day of sale, but only a cosmetic clean up of the water stain. I also attempted to argue that the vehicle was on their lot as certified pre owned and I believed this to be deceptive due to the failure so quickly after the sale. I stated that I paid extra to get a certified pre owned to have some assurance with the vehicle. I stated that I felt there should be some remuneration for misrepresentation that the vehicle had gone through a 'thorough' inspection. I was told that things fail and they would not have been able to test or determine this fail in a general presale inspection. I left with an assurance that they would check the sun roof drain at each oil change, but no other compensation for this week and a half of hell.

I had a weekend trip on 06/23/2018 and had several miles to put on for my job. I had noticed that I didn't think the engine was running very smoothly. I planned to talk to the service department when I returned there on 06/27/2018 at a pre arranged time to pick up the locking lug nut tool that they had forgot to put back in my vehicle. Well... on 06/26/2018, the engine light came on again! I called and was told to take it in to the service department and they would get me a 'clown vehicle' again to drive. I received a call later this day stating that the codes from the engine light were some of the same codes as the first time. I was told they pulled a spark plug and there was carbon build up (I think this is the way it was described) on the spark plug. I stated at this point I didn't need a call every day.

On 06/28/2018, I attempted to call and set an appointment to talk to the General Manager. The secretary stated that it was hit or miss to be able to meet with him. I stated I did not want to talk over the phone but preferred to talk face to face. I was put on hold and suggested that I talk to the second in command who was available. I talked to this person who happens to have the same last name as the dealership name. This person did not listen to what I was saying, but assumed I was upset because I had not heard from the service department. He stated he was going to check it out and would call back. I made the statement on the phone to #2 man that I felt since it had gone a couple days that they were having trouble determining what the problem is. His response was that he was sure they know what they are doing. I did not say they didn't know what they were doing, I said that I felt they were having trouble getting to the bottom of the problem. I was attempting to get across to #2 that I wanted to talk to someone about negotiating a deal on a different vehicle as I wasn't sure I would be able to trust this vehicle in the future. I received a call back from the service department contact who has been attempting to communicate effectively. I stated to the service department that I knew they wouldn't be contacting me every day and that was not what I attempted to state to #2. Service guy seemed to understand what I am asking for, but service guy has no power to have the discussion I would like to have. Service guy indicated the first issue was an issue with leaking coolant related to the manifold. Service guy stated that the current codes are an injector leak when the vehicle sets which then causes it to misfire. I have currently been told that it will be early next week (07/02/2018).

So, my questions... what legal rights do I have in this situation? Can I demand that they negotiate a deal on a different vehicle? I have had this vehicle in my possession for only 8 full days since I signed the paperwork on 06/07/2018 and the engine light was on for 4 of those days. Any help is appreciated.

On a side note, I do not want to play the 'gender' card, but I have been referred to as 'dear' by persons who I do not know. I have been pissed off to the point of tears, which pisses me off more. I do not want to make this a part of the issue, but that is my reality as a single woman. I have been and am tired of being viewed as a person who doesn't know what they are talking about. I have been around the block enough times to know what I am talking about and I am an educated woman that should be provided the same respect of any man that would walk into this dealership. I will end my rant there and appreciate your feedback.
 


#4
Although the speed, or lack of, it has taken to deal with the issues is not to your liking, I suggest you be a bit more appreciative of the loaner vehicle. There is no obligation to provide a vehicle and rental costs are not eligible for reimbursement unless your service warranty specifically includes it.



While I have sympathy for the mechanical issues, you might not want to make such a fuss they stop providing a loaner car and leave you to renting a replacement if you must have a vehicle.
 

Zigner

Senior Member, Non-Attorney
#5
Although the speed, or lack of, it has taken to deal with the issues is not to your liking, I suggest you be a bit more appreciative of the loaner vehicle. There is no obligation to provide a vehicle and rental costs are not eligible for reimbursement unless your service warranty specifically includes it.



While I have sympathy for the mechanical issues, you might not want to make such a fuss they stop providing a loaner car and leave you to renting a replacement if you must have a vehicle.
If her service contract and/or CPO warranty is anything like mine, they are, in fact, obligated to provide a rental vehicle.
 
#6
This is from Fords cpo warrsnrty;

Rental car reimbursement. If your vehicle is inoperative and must be kept overnight for a covered repair, including recalls involving a Ford Certified Pre-Owned Comprehensive Limited Warranty covered component or a Ford Certified Pre-Owned Powertrain Limited Warranty covered component, you will be reimbursed up to $30 per day (including tax) for up to five days or until repair is complete, whichever comes first.


I suppose if the op wishes to go to a rental car agency and rent a car on their own they can apply for that $30/day reimbursement. If they wish to continue to be offered the loan of a car without the hassle of obtaining it and paying for it herself, maybe tone down the rhetoric about it being a clown car and the graphics.



Oh, and notice it’s 5 days or the duration of the time it takes to effect the repair WHICHEVER COMS FIRST. That means a max of 5 days each incident.
 

Zigner

Senior Member, Non-Attorney
#7
I agree that those are the CPO terms, but they're not the extended warranty terms. Of course, we don't know those terms for sure.

And I also acknowledge that my choice of words were incorrect. Instead of "obligated to provide", I should have said "obligated to reimburse (up to the limits provided).
 
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