A driver hoped his new car’s warranty would cover the cost of repairs after his vehicle wouldn’t start, but a court ruled in the dealer’s favor.
The driver brought home a new Kia under warranty, but his decision to have the car serviced prevented him from receiving the free repair.
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According to Automotive News, a Canadian civil court ruled that a British Columbia dealer group was not responsible for repairing the car.
In June 2023, Michael Graber brought his vehicle to Kelowna Kia for some brake and wiring work.
While the car was in the workshop, a technician also suggested that Graber purchase a new ignition switch.
However, the driver decided not to have the additional repairs carried out.
On the way home to Quesnel, nearly 350 miles away, Graber noticed a grinding noise.
Within a month the vehicle would no longer start.
A car with a defective starter motor may have problems starting or may not start at all, meaning the engine no longer responds when the ignition is turned on.
When he called Kelowna Kia, they offered to repair the car’s starter but required Graber to pay for the tow to the dealer.
Graber declined the offer and took the car to a local NAPA auto repair shop to fix the ignition problem.
The workshop replaced both the starter and the ignition switch.
Kelowna Kia later offered to replace the defective starter under warranty if Graber returned the part to the dealer himself.
But according to the lawsuit, Graber refused to take the part to the dealer 350 miles away.
Tribunal member Mark Henderson dismissed Graber’s claim.
In his final decision, Henderson stated that the return of the starter to Kelowna Kia for warranty service was “an implied condition of the warranty.”
He came to the conclusion that it would not be too inconvenient for Graber to wait for an appointment at a closer dealer.
Tips for traders
Here are some expert tips for buying a car from a car dealer:
- 1. Set your price: Make sure you have calculated your monthly budget before going to the dealer. You should include the loan payment, insurance costs, fuel and regular maintenance of the car.
- 2. Do your research: Make sure you know which cars you want to test drive before you go to the dealer.
- 3. Pre-approval: Secure financing before you go to the dealer. Dealers may offer you a better interest rate if they compete with an outside bank.
- 4. Test drive the car: Get behind the wheel before making any payments. A car purchase is worth thousands of dollars – drivers should make sure they are happy with the car’s drive, steering feel and comfort before taking it off the road.
- 5. Haggle: Drivers should always try to negotiate the price. There are so many good cars on the American market – buyers have a strong hand when it comes to negotiating the price.
Source: Kelley Blue Book
The decision also noted that the company’s business model would be at risk if customers were able to charge car dealerships for repairs carried out at other workshops.
“A (dealer) repair shop cannot replace a car part if a customer takes the vehicle elsewhere,” the decision continues.
“If the customer takes the vehicle to a third-party repair shop and demands a refund from the original repair shop, then the original repair shop misses the opportunity to find the cause of the problem or to claim compensation from the manufacturer.”
The US Sun has contacted Kelowna Kia for comment on this story.
The dealership did not immediately respond to a request for comment.
