• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

RideNow AZ claiming payment required on warranty work after release of vehicle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? AZ
This large AZ dealership was contacted to perform recall work on a Yamaha motorcycle. They ordered the parts, took 2 weeks, then scheduled appointment to install, another 2 weeks. Work was completed as well as oil change on additional service contract on vehicle. Signed repair order saying work was completed and verbally told not to worry about $185 repair order fee ($150 warranty repair, $35 oil change on service contract) on repair orders as this was just how they did things and would be ok.
They released the motorcycle giving me the keys and I left after confirming verbally with them that I do not owe anything, do not have to pay any amount and that I could go, to which they confirmed.
Now for a week, they have been calling leaving messages that I owe money and the latest message states it's now over $400 and threatening escalation.
Turns out the service contract which I showed them, is not transferable and valid, yet they accepted at the time for $35 repair
order. The other should be paid by Yamaha for recall.
It's now 11 days since the work was completed.
Can they go through with a mechanics lien and all those pita issues?
As well, their address on file is incorrect, can they properly serve notice, etc...
I have not returned any calls at this stage because dealing with dealers is a nightmare of lies and threats, especially these guys.
Only went there due to no closer alternatives.
Thx for your assistance.
 


Zigner

Senior Member, Non-Attorney
The recall work should have been done per the terms of the recall. If the service contract wasn't valid, then you are responsible for the remaining amount on the additional service that you had done.
 
The recall work should have been done per the terms of the recall. If the service contract wasn't valid, then you are responsible for the remaining amount on the additional service that you had done.
Thx for your reply.
The service contract is a RideNow $2000 3 yr maintenance plan for 6 services and still in effect. They accepted that at time of service. Only came to light that it's not transferable and valid only for the original owner, days later. They were shown this original service contract and accepted it at the time verbally and by action, releasing the motorcycle.
I was surprised that this warranty wasn't applicable to I verified the fine print. Knowing this dealership group and how they operate, am not surprised now.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Thx for your reply.
The service contract is a RideNow $2000 3 yr maintenance plan for 6 services and still in effect. They accepted that at time of service. Only came to light that it's not transferable and valid only for the original owner, days later. They were shown this original service contract and accepted it at the time verbally and by action, releasing the motorcycle.
If the contract was not valid, then the contract was not valid. You are responsible for the additional service.
 
Understood.
Wouldn't a verbal agreement to accept regardless become a binding contract?
They should have advised that it wasn't valid at the time and I would have chose not to perform the service. Like I said, was surprised it wasn't.
They chose to accept it at the time.
Else, revising after the fact becomes endless issues?
 
And now they're revising the repair bill costs and increasing them after the fact. That doesn't sound right, fair or legal.
Then it would be boosting bills and calling for further payment based upon an arbitrary change or revision. A form of never ending extortion.
 

Zigner

Senior Member, Non-Attorney
Understood.
Wouldn't a verbal agreement to accept regardless become a binding contract?
They should have advised that it wasn't valid at the time and I would have chose not to perform the service. Like I said, was surprised it wasn't.
They chose to accept it at the time.
Else, revising after the fact becomes endless issues?
Yes, they chose to accept it based on your representation that it was a valid policy.

As for the price changing: If the revised price is the normal price of the service performed (less the amount you already paid), then I don't understand your complaint on that point.
 
It's their own warranty which I showed them the copy and asked if it was applicable to which they confirmed. I asked because I know how problematic these things are.
Both of us didn't read it in detail, appears their service advisor was new.
The initial $35 oil change that was agreed and not charged now looks like it's $400+ or greater than 10x. Haven't discussed this with them but I I have no doubt that they can justify anything being a fee inflating dealership.

I did not sign nor agree to any cost beyond the initial. And it ALL was accepted to be paid for by recall and warranty, no cost to me.
$150 for recall and $35 maintenance on service warranty which I only found out the cost when completed.
Not trying to be stubborn here, just wondering the value of the initial actions and acceptance and how they can request an increased payment after the fact and threaten escalation. And if they can hold me hostage with threats of legal action and what they can actually do to further create problems.
 
Last edited:

Zigner

Senior Member, Non-Attorney
It appears that anything adverse to the replies that you wish to hear are going to be argued, so your best bet is probably to escalate the matter at the dealership. Best of luck to you.
 
Thx for the replies Zigner.
Appreciate your time.
Just trying to get some clarity on the details of what happened. I know that there are many aspects in legal details that matter and have no experience in dealing with these to determine the deciding factors, if any.

1. Acceptance of agreement verbally by both parties and the conditions of fee free warranty work.
If it's irrelevant, ok.

2. Releasing of vehicle as acceptance and completion of contract and no further fees or obligations. You're saying that it's not.

3. Verbal Request by me and acceptance by them on site that all is complete and no fees required.
If it's irrelevant, ok I get that.

4. Awareness after the fact by all, that their service warranty only covers initial purchaser and that the service costs are now $400+ which were never agreed to or even made aware of. Isn't that an important part of consumer law? Might have signed to perform the work, but never made aware of final cost and no estimate was given.

I think that summarizes the important points and if all irrelevant, then I have to show up to the dealer and pay up.
Just doesn't seem right on those points.
It's not about what I don't want to hear but clarification on those specific legal aspects.

I get that a misrepresented or invalid contract isn't binding. How can one of their agents claim ignorance or misrepresentation?
Didn't state it was in effect, I asked them if it was valid first to which they said yes.
But if the issuing warranty party chooses to overrule the portion that's nontransferable regardless, that's not binding either?
 
Thx Zigner, just trying to ascertain the legal aspects and if I have any legal rights prior to dealing with them because I know that they will claim anything for increased fees and payment. That's what they're doing now.
 

Zigner

Senior Member, Non-Attorney
To repeat: I believe that you should not be responsible for the recall work, but are responsible for the additional service. Negotiate with the dealer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top