Author Topic: Bought a theft recovery vehicle! (Read 5144 times)

MCTADA · « **on:** November 10, 2009, 10:05:23 pm »

Last March I bought a 2009 Subaru Forester with 2500 km from a dealer. They disclosed that the vehicle was a theft recovery so I had an independent inspection done on it, called Motor Vehicle and did a search - nothing unusal turned up, contact a Subaru dealership about the warranty and was told if the vehicle has no body damage the warranty would transfer.
NOT SO!!! Although the vehicle was stolen in Jan 09 and I bought the vehicle the end of March, 2 weeks after I purchased the vehicle Subaru cancelled the warranty without a word to me. It appears everyone got their money then the warrantly was cancelled.
By the way, the inspection turned up a weak battery and a leak at the clamp of the power steering hose and that was replaced under warranty the day before I closed the deal.

Anyone have any suggestions?

Thanks
MCTADA

Turbo Bob · « **Reply #1 on:** November 10, 2009, 10:35:26 pm »

If you have it in writing take them to court.

If you don't have anything in writing it may be tough to prove, either way, you'll be more careful next time.

articsteve · « **Reply #2 on:** November 10, 2009, 10:38:35 pm »

You are SOL

davidy · « **Reply #3 on:** November 11, 2009, 01:23:43 am »

Sounds very low for Subaru Canada. Stinks IMO! I will be thinking twice if I ever buy a Subaru.

Dave

toolatecrew · « **Reply #4 on:** November 11, 2009, 07:42:54 am »

Quote

I bought the vehicle the end of March, 2 weeks after I purchased the vehicle Subaru cancelled the warranty without a word to me.

This implies that the Warranty was cancelled in May (6 months ago) right?

I'd be going to the selling dealer first. You sold me a vehcole with a X year Subaru Warranty. It doesn't have one I'd give them the chance to do something (give you $ back. Give you a warranty on their own expense). If not I'd be off to court. Ypou have documentation of when you purchased. There must be documentation of when they cancelled warranty. Pretty cut and dry if they cancel AFTER you purchased.

MCTADA · « **Reply #5 on:** November 11, 2009, 08:30:10 am »

Thanks for the feedback. It's giving me support to take this further to court. I'm nervous Subaru will bury me in legal work and drain $$. But if I have any warranty work that is expensive I will definately take them to small claims court so I don't have to incurr the big $$ expense but they will. The vehicle was sold with the Mfg warranty.
The seller has offerred to pay 1/2 for a 3 yr warranty program. I paid $27,000 for the vehicle and although that isn't full price I wouldn't have paid that if there was no warranty. I'm not about to fork out another $1400 for my share of the warranty. Anyone have any dealings with Orr Motors in Stitsville, Ontario?
But my issue is Subaru writes the warranty and they have changed their stand on Total Loss vehicles. The policy states the Total Loss to include wording such as 'scrap', 'salvage', 'rebuilt' and that is not the case. Industry Standard does not replace the warranty.
Subaru wrote me a letter, it's in PDF format and I don't want to post my address and full particular so I'll have to type it out to post at another time. You won't believe the crap they put in the letter!

ucda · « **Reply #6 on:** November 11, 2009, 11:00:21 am »

Quote from: articsteve on November 10, 2009, 10:38:35 pm

You are SOL

I'm not so sure he is "SOL", did the dealer make it clear to the buyer that there was a risk the warranty might be voided after the fact?

ucda · « **Reply #7 on:** November 11, 2009, 11:04:42 am »

Quote from: MCTADA on November 11, 2009, 08:30:10 am

Thanks for the feedback. It's giving me support to take this further to court. I'm nervous Subaru will bury me in legal work and drain $$. But if I have any warranty work that is expensive I will definately take them to small claims court so I don't have to incurr the big $$ expense but they will. The vehicle was sold with the Mfg warranty.
The seller has offerred to pay 1/2 for a 3 yr warranty program. I paid $27,000 for the vehicle and although that isn't full price I wouldn't have paid that if there was no warranty. I'm not about to fork out another $1400 for my share of the warranty. Anyone have any dealings with Orr Motors in Stitsville, Ontario?
But my issue is Subaru writes the warranty and they have changed their stand on Total Loss vehicles. The policy states the Total Loss to include wording such as 'scrap', 'salvage', 'rebuilt' and that is not the case. Industry Standard does not replace the warranty.
Subaru wrote me a letter, it's in PDF format and I don't want to post my address and full particular so I'll have to type it out to post at another time. You won't believe the crap they put in the letter!

If this was a used vehicle, consider trying mediation with the UCDA 1-800-268-2598 before you go the litigation route, it's a potentially faster and cheaper (it's free) way to resolve such disputes.

wing · « **Reply #8 on:** November 11, 2009, 11:15:54 am »

Oh you didn't buy it from a Subaru dealer, I think many assumed that (I did). You bought from an independant this is a little different and perhaps you should contact the UCDA.

MCTADA · « **Reply #9 on:** November 11, 2009, 11:23:20 am »

You are correct, I didn't buy from a Subaru dealer. I will contact! Thanks

articsteve · « **Reply #10 on:** November 11, 2009, 09:28:42 pm »

Quote from: ucda on November 11, 2009, 11:00:21 am

Quote from: articsteve on November 10, 2009, 10:38:35 pm
You are SOL

I'm not so sure he is "SOL", did the dealer make it clear to the buyer that there was a risk the warranty might be voided after the fact?

They disclosed that the vehicle was a theft recovery so I had an independent inspection done on it

Unless the OP has a written and signed guarantee from "Orr Motors" that they will honour the original manufactures warranty then the OP is SOL. And by the way, no such guarantee would ever be given in writing on a salvage vehicle.

contact a Subaru dealership about the warranty and was told if the vehicle has no body damage the warranty would transfer.

"Subaru dealership" is not Subaru Canada. Did you ask Subaru Canada for their statement in writing with regard to this vehicle

No, right? This was an insurance write off, despite it being repaired and re-sold. In an effort to pay below market value the OP assumed some risk. Due diligence ppl, due diligence.

Are you having problems with this vehicle?

rrocket · « **Reply #11 on:** November 11, 2009, 09:32:58 pm »

Is it possible to try and "sneak it in" to another dealership to get warranty done? Or would they have the VIN in the system?

johngenx · « **Reply #12 on:** November 11, 2009, 09:38:10 pm »

Hope it's an XT, 'cause $27K seems like a lot for a written off Forester. But, if you did get a super low price for a salvage title car, then you might still be ahead, even without the warranty. Our 2001 Forester had less than $500 worth of warranty work in its life, and the 09's are supposed to be better.

articsteve · « **Reply #13 on:** November 11, 2009, 09:42:44 pm »

Exactly. The OP is projecting way to far into the future.

The selling dealer is actually not offering anything. That $2800. 3 year warranty is the retail price. The actually price is probably half that and will be next to useless.

MCTADA · « **Reply #14 on:** November 12, 2009, 06:26:34 am »

The vehicle is the basic model so YES I did pay too much for it if NO warranty and all this hassle! I didn't buy the car because it was a theft recovery and I was saving big $$ I bought it because I liked it. Although it was disclosed the vehicle was a Theft Recovery not Orr Motors, motor vehicle, or the 2 Subaru dealerships never used the word 'Salvage'. Orr told me the owner must have had an insurance clause if the vehicle was not recovered within a certain time they would pay out, as in this case. Then they owned the vehicle and would sell it off. Subaru warranty booklet states if you sell the vehicle the warranty transfers and has a specific clause regarding Theft Recovery but the wording is tricky, there's an 'AND' in it about the words 'salvage, rebuilt, scrap'.
The Check Engine light came on and I took it to the dealership, that's how I found out the warrantly was cancelled. Other than that I've had no issues with the vehicle.
I'm ticked with Subaru as they have nothing in writing on Theft Recovey vehicles. It appears how they handle them is different from what the warranty policy states.

airbalancer · « **Reply #15 on:** November 12, 2009, 06:31:09 am »

Did you ask that the car has a warranty when you bought it?
Did the dealer say it had a full warranty when you bought it?

MCTADA · « **Reply #16 on:** November 12, 2009, 06:36:44 am »

YES the ad indicated the vehicle came with warranty and discussed with the salesman. When completing the bill of sale I had to initial beside the milage and was told that was for the warranty.

airbalancer · « **Reply #17 on:** November 12, 2009, 06:45:15 am »

Quote from: MCTADA on November 12, 2009, 06:36:44 am

YES the ad indicated the vehicle came with warranty and discussed with the salesman. When completing the bill of sale I had to initial beside the milage and was told that was for the warranty.

Then take them to small claims court, it take a year or and the cost is not to much
But I believe your fight is not will Subaru Canada, but with the dealership

quadzilla · « **Reply #18 on:** November 12, 2009, 07:13:01 am »

Quote from: MCTADA on November 12, 2009, 06:36:44 am

YES the ad indicated the vehicle came with warranty and discussed with the salesman. When completing the bill of sale I had to initial beside the milage and was told that was for the warranty.

What does the paperwork say this warranty is? That is what you need to find out before taking any legal action. I'm thinking it has one of those useless after market warranties that you worth less than the paper they are printed on.

articsteve · « **Reply #19 on:** November 12, 2009, 05:16:52 pm »

Quote from: MCTADA on November 12, 2009, 06:36:44 am

YES the ad indicated the vehicle came with warranty and discussed with the salesman. When completing the bill of sale I had to initial beside the milage and was told that was for the warranty.

So the salesman at Orr Motors lied. Nothing new there. Happens all the time.

The Check Engine light came on and I took it to the dealership

What was the problem? How much did it cost?