That's a difficult situation. When you bought it, the car probably did still qualify for the factory warranty because warranty work had never been requested in its modified state. Mazda was probably not aware of the mods. However, when you requested that they replace the engine under warranty, they took a more thorough look at the modifications to the car. You may have more luck talking to the dealership that sold you the car with the promise that it came with a factory warranty.
How to get Mazda to pay for my blown engine.
- Thread starter GBYD
- Start date
Well I had a meeting with a laywer and he thinks this is a very easy win for us. He will be filling papers on Mazda and the dealership I purchased the car from.
Mazda for Mag. Moss and SEMA
Dealership for factory warrrenty promise broken. (the lawyer had a term for this but i cant remember it)
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- 99 LX
mazda is right, they can't warranty a car with mods that void the warranty. the dealership that sold you the car should pay, I'm no lawyer and justice is blind sometimes but that dealership is in the wrong.
good luck
good luck
something you might consider if mazda denies you your warranty claim is to go after the ebay seller of the car.
On the ebay listing site it purports to you that it still has the factory warranty. it says it RIGHT in the ad.
Thus he made a representation to you the BUYER that this car STILL had the factory warranty. (when in fact the mods precluded you from obtaining warranty work).
Thus you might have a claim against the seller of the car for MISREPRESENTING to you that the factory warranty was in fact valid and intact, WHEN HE DID NOT REALLY KNOW. He stated a meterial misrepresentation to you - one that would SEVERELY and MATERIALLY alter your decision to buy the car - i.e. that it had the factory warranty.
THUS, you *MIGHT* have a potential claim against the seller for recklessly and erroneously misstating to you that the car retained its factory warranty with the mods WHEN IN FACT IT DIDNT.
Now the issue becomes, did you as a seller have NOTICE that the warranty MIGHT be void because the car was modded. Maybe you were placed on inquiry notice to ask the dealership and mazda whether or not these mods WOULD void the warranty.
I do not know which side a judge would come down on, but i would say it falls right in the middle.
Good luck with mazda.
On the ebay listing site it purports to you that it still has the factory warranty. it says it RIGHT in the ad.
Thus he made a representation to you the BUYER that this car STILL had the factory warranty. (when in fact the mods precluded you from obtaining warranty work).
Thus you might have a claim against the seller of the car for MISREPRESENTING to you that the factory warranty was in fact valid and intact, WHEN HE DID NOT REALLY KNOW. He stated a meterial misrepresentation to you - one that would SEVERELY and MATERIALLY alter your decision to buy the car - i.e. that it had the factory warranty.
THUS, you *MIGHT* have a potential claim against the seller for recklessly and erroneously misstating to you that the car retained its factory warranty with the mods WHEN IN FACT IT DIDNT.
Now the issue becomes, did you as a seller have NOTICE that the warranty MIGHT be void because the car was modded. Maybe you were placed on inquiry notice to ask the dealership and mazda whether or not these mods WOULD void the warranty.
I do not know which side a judge would come down on, but i would say it falls right in the middle.
Good luck with mazda.
What kind of lawyer did you get? How did you find him? Does he specialize in this sort of thing? Any thoughts on class action against quality? I blew my engine at 28k miles and I'm no hot rodder. Mazda won't honor the warranty and I'm investigating legal options.
Thanks.
MazdaSpeeder
Member
- :
- Protege5 (5-spd)
There should be a separate sub-forum on this site: Legal Actions Pending Against Mazda
Before I agreed to buy the car I made a very big stink that I would never buy a car with out a factory warranty. The salesman went to Mazda's website to assure me and pulled up the VIN # of this car and it clearly stated that the car was stilll in factory warranty. I have never owned a car that was out of factory warranty because I didnt want to deal with this kind of situation.
I went to our family's attorney and he's just a regular defense lawer. He does not specialize in this sort of thing but did some research on Mag. Moss, SEMA and the other law that I cant remeber the name.
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- 99 LX
might be a good idea to print out a copy of the auction.
Hahahaha...I agree. Atleast for the MS6 cause aparently there's a decent market for them.
YOu may be the 1% exception this has worked for....and notice how you said your "Attorney"
Unless you plan on getting one..you shouldn't even mention this Act to the dealer as they could care less.
The Attorney part did you more good than the Act did in all reality.
And quit being sunch a Smart*ss in your comments towards everyone just because their views may be different than yours...Its not very nice.
My take on it is that your beef should be with the seller of the car. They are the ones as representing it under warranty, not Mazda. Yes, he may have pulled it up on the website as showing in warranty, but the website has no way to know if any mods have been installed in the car. Its only for the purpose of showing the production date, and the length of warranty for that model.
Honestly, Im not saying that what Mazda said is right or wrong, but I think you should go after the person that mis-represented what they sold you.
Honestly, Im not saying that what Mazda said is right or wrong, but I think you should go after the person that mis-represented what they sold you.
i would definitely get a print out of the auction, and any and ALL information on the seller (place of business residence, name of Owner, any one you talked to, dates and times of meetings/phone conversations etc).
If i were you i would gather all this information.
Also, if mazda denies your claim, (as im sure they will) if i were you i would get an attorney in the area, or even one close to where the Auctioneer's (car seller's) main operations are and get him to write a letter to the seller of the car demanding payment. THey will deny it and then you might be off to court.
One issue that the seller could bring up, is that he could "discover" all the info mazda received when they read your ecu black box's last few seconds before it blew.
If it says overboosting, then the seller could assert that he warrantied the car in "normal" use however he did not represent to you that the car would be warrantied under "overboosting" or "abusive" conditions.
Either way, You are going to have to pay for an attorney, or just shell out the cash, get a used motor, and then go from there.
I had the same fiasco with my msp, and needless to say my dad is a lawyer and Mazda strong armed us, and i just sucked it up and bought a new forged engine.
I think the evidence that your engine was overboosting when it let go will hurt you, though it will not necessarily make your case fail.
I would be interested to see what happens.
CHEAPEST WAY would be to get a used motor and have a aftermarket mechanic install etc...you will lose your warranty, however you really never had one in the first place.
OR, you might ask the seller of the car for the amt. to buy an engine (used) and threaten a lawsuit for breach of express warranty if they dont agree to that...
If i were you i would gather all this information.
Also, if mazda denies your claim, (as im sure they will) if i were you i would get an attorney in the area, or even one close to where the Auctioneer's (car seller's) main operations are and get him to write a letter to the seller of the car demanding payment. THey will deny it and then you might be off to court.
One issue that the seller could bring up, is that he could "discover" all the info mazda received when they read your ecu black box's last few seconds before it blew.
If it says overboosting, then the seller could assert that he warrantied the car in "normal" use however he did not represent to you that the car would be warrantied under "overboosting" or "abusive" conditions.
Either way, You are going to have to pay for an attorney, or just shell out the cash, get a used motor, and then go from there.
I had the same fiasco with my msp, and needless to say my dad is a lawyer and Mazda strong armed us, and i just sucked it up and bought a new forged engine.
I think the evidence that your engine was overboosting when it let go will hurt you, though it will not necessarily make your case fail.
I would be interested to see what happens.
CHEAPEST WAY would be to get a used motor and have a aftermarket mechanic install etc...you will lose your warranty, however you really never had one in the first place.
OR, you might ask the seller of the car for the amt. to buy an engine (used) and threaten a lawsuit for breach of express warranty if they dont agree to that...
look up "negligent misrepresentation" on wikipedia.
also, "innocent misrepresentation."
the remedy for a misrepresentation like the one that happened to you is "recission" or more commonly, to negate the contract (i.e. the seller has to by the car back as if there was never a sale in the first place).
this way, the dealer is stuck back with his misrepresentation (he dea'ls with the warranty claim - and you are in the place you were before you bought the car - with your money).
Contact an attorney. this seems like a winnable case in my opinion (only a law student - IM NOT TRYING TO GIVE ADVICE)
also, "innocent misrepresentation."
the remedy for a misrepresentation like the one that happened to you is "recission" or more commonly, to negate the contract (i.e. the seller has to by the car back as if there was never a sale in the first place).
this way, the dealer is stuck back with his misrepresentation (he dea'ls with the warranty claim - and you are in the place you were before you bought the car - with your money).
Contact an attorney. this seems like a winnable case in my opinion (only a law student - IM NOT TRYING TO GIVE ADVICE)
"
Innocent Misrepresentation
Even an innocent misrepresentation of a material fact may support a cause of action. Typically, to sustain a claim of innocent misrepresentation, a plaintiff must establish that:
again this is something i copied from the internet, im not trying to give any advice.
Innocent Misrepresentation
Even an innocent misrepresentation of a material fact may support a cause of action. Typically, to sustain a claim of innocent misrepresentation, a plaintiff must establish that:
- The defendant made a representation of one or more material facts;
- The representation was made in connection with the making of a contract between the plaintiff and defendant;
- The representation was false when it was made;
- The plaintiff would not have entered into the contract had the defendant not made the representation;
- The plaintiff suffered a loss as a result of entering into the contract; and
- The plaintiff’s loss benefited the defendant.
again this is something i copied from the internet, im not trying to give any advice.
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Thank for the info dude, this is the case my lawyer wants to bring against the company that sold me the car. He called it something different but after reading your posts it sounds to be the same thing.
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