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Bought a new car but found out it has a shortened warranty #4885994
10/02/18 09:44 PM
10/02/18 09:44 PM
Joined: Jun 2012
Posts: 80
San Antonio, TX
Datarock Offline OP
Datarock  Offline OP

Joined: Jun 2012
Posts: 80
San Antonio, TX
Evening everyone,

I have a situation that I wanted to get into and see what options I had to correct it. I have a few ideas but I am sure someone will have more knowledge in this area then I have.

On Memorial day this year I bought a "New" 2017 Kia Forte S from a large Kia Dealer in San Antonio TX. The car had just over 1K miles on it but I was told this was from the car being on the lot since last year and used on test drives, maybe even given out as a loaner from the service center etc. I was ensured the car was going to be sold as new and would have a full manufactures warranty. The car did not have any addendum on it that stated a shortened warranty was going to apply and it had no indications that it was being sold as used. During the purchase, the legal paperwork that I signed shows every box is checked "New". No demo or used is checked off, only new.

Our Kia Niro had an electrical/hybrid system update so I brought it in and I was chatting with one of the techs as I had noticed the battery in the Forte had a 2018 sticker on it. He pulled up the service history and stated when it was on the lot the battery died and they had replaced it. He printed all the service reports for me and one of the pages had the full explanation of what my warranty coverage was. I did not notice it when I quickly glanced over it until I got home but I noticed that It stated that my car's 100K/10 YR powertrain warranty was actually 60K/5 YR due to the vehicle being a "Test Drive Program" car. The Bumper/Bumper was not changed however which is good.

In Texas, Dealers are not allowed to give the buyer any indications that a car is being sold as new if it's actually used. While I can't prove that they verbally told me the car was being sold as new with full manufacturers warranty, they did only check off the new box on all of the paperwork and I have text from that sale's pro that also prove my claim. Do you feel this would be enough to file a complaint and try to go after this? I texted/called my sales person and he said I should not worry about it because all car's sold at this dealership have a lifetime powertrain warranty. I told him what I had told the business guy that did my paperwork, the lifetime powertrain warranty is worthless to me. One of the clauses in the contract state that all maintenance has to be performed by a licensed, registered mechanic shop. As I tend to do a lot of maintenance on my own, it's a worthless cause and at least with the manufactures warranty, I could prove I did the maintenance for a powertrain warranty claim, I even only use Kia Oil filters which I have read on BITOG is very important on Kia claims.

The sales person never returned my text/call today after he said he was going to find something out. What do you all suggest/think?
Thanks everyone.


2017 Kia Forte S - PP 5W-30

2018 Kia Niro Hybrid - Magnatec 5W-30 (Will be switching to PP 5W-20 next change)
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4885998
10/02/18 09:47 PM
10/02/18 09:47 PM
Joined: Feb 2013
Posts: 11,518
Phoenix, AZ
Nick1994 Offline
Nick1994  Offline

Joined: Feb 2013
Posts: 11,518
Phoenix, AZ
What does it say in your purchase paperwork? Usually it's printed what the warranty is.


2015 Hyundai Sonata 2.4L 97k STP Synthetic HM 10w30 & Wix
2000 Toyota Camry 2.2L 234k Mobil Super HM 10w40 & Fram Ultra
1996 Jeep Cherokee 4.0L 149k Mobil 1 HM 10w40 & Fram Ultra
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886003
10/02/18 09:54 PM
10/02/18 09:54 PM
Joined: Nov 2011
Posts: 5,144
MTL, CANADA
Rolla07 Offline
Rolla07  Offline

Joined: Nov 2011
Posts: 5,144
MTL, CANADA
Id call up Kia corp and inquire about it. Also, what Nick said above.


2007 Corolla Red Pearl 155k miles
PP 0w20 & ST 4967

Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886006
10/02/18 09:59 PM
10/02/18 09:59 PM
Joined: Jul 2010
Posts: 21,121
PNW
ZeeOSix Offline
ZeeOSix  Offline

Joined: Jul 2010
Posts: 21,121
PNW
Originally Posted by Datarock
He printed all the service reports for me and one of the pages had the full explanation of what my warranty coverage was. I did not notice it when I quickly glanced over it until I got home but I noticed that It stated that my car's 100K/10 YR powertrain warranty was actually 60K/5 YR due to the vehicle being a "Test Drive Program" car. The Bumper/Bumper was not changed however which is good.


Maybe that's a standard KIA thing, something they do on 'demo cars' or 'loaner cars' even though it was technically sold as new. If so, the dealership should know about that and tell any potential buyer.

Re: Bought a new car but found out it has a shortened warranty [Re: Nick1994] #4886014
10/02/18 10:12 PM
10/02/18 10:12 PM
Joined: Jun 2012
Posts: 80
San Antonio, TX
Datarock Offline OP
Datarock  Offline OP

Joined: Jun 2012
Posts: 80
San Antonio, TX
I went through the paperwork and I do not see anything that show's warranty coverages.


2017 Kia Forte S - PP 5W-30

2018 Kia Niro Hybrid - Magnatec 5W-30 (Will be switching to PP 5W-20 next change)
Re: Bought a new car but found out it has a shortened warranty [Re: ZeeOSix] #4886018
10/02/18 10:16 PM
10/02/18 10:16 PM
Joined: Jun 2004
Posts: 2,644
St. Louis
MONKEYMAN Offline
MONKEYMAN  Offline

Joined: Jun 2004
Posts: 2,644
St. Louis
Originally Posted by ZeeOSix

Maybe that's a standard KIA thing, something they do on 'demo cars' or 'loaner cars' even though it was technically sold as new. If so, the dealership should know about that and tell any potential buyer.

They should also discount it if the warranty is reduced.

With my 2017 Elantra what dealership said and Corporate said were two different things. I second contacting Corporate. What your dealership did seems fraudulent.


Truth alone triumphs, not untruth.

2017 Elantra SE
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886022
10/02/18 10:25 PM
10/02/18 10:25 PM
Joined: Jun 2009
Posts: 1,865
Wisconsin
wallyuwl Offline
wallyuwl  Offline

Joined: Jun 2009
Posts: 1,865
Wisconsin
Yup, call Kia and if not resolved call your attorney generals office.

Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886023
10/02/18 10:25 PM
10/02/18 10:25 PM
Joined: Jun 2012
Posts: 80
San Antonio, TX
Datarock Offline OP
Datarock  Offline OP

Joined: Jun 2012
Posts: 80
San Antonio, TX
I found that a used car is required to come with a used car buyers guide that would specifically state the reduced or as/is warranty. Its required by the FTC. By not providing one is even more proof that even they sold it as a "New" car.


2017 Kia Forte S - PP 5W-30

2018 Kia Niro Hybrid - Magnatec 5W-30 (Will be switching to PP 5W-20 next change)
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886034
10/02/18 10:35 PM
10/02/18 10:35 PM
Joined: Mar 2008
Posts: 8,398
USA
slacktide_bitog Online content
slacktide_bitog  Online Content

Joined: Mar 2008
Posts: 8,398
USA
Usually demo cars are considered "new" because you'd still be the original owner.

If they couldn't do that, they could have at least "certified" it. Kia's CPO cars retain the full 10-year/100k warranty.

Also, interest rates are different with new and used cars. New cars typically have a lower interest rate.

If the paperwork says new, then it is legally a new car.

Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886046
10/02/18 10:45 PM
10/02/18 10:45 PM
Joined: Jan 2017
Posts: 2,949
VW Fanboy Island
maxdustington Offline
maxdustington  Offline

Joined: Jan 2017
Posts: 2,949
VW Fanboy Island
Your problem is with the dealer, not the warranty. I wonder what the "test drive program" is?
1. They know they will sell these at a discount to cheapskates, so they knock a little value off the top. No one is going to care when they are getting a "new"* car for less than a new car.
2. Dealership staff is going to beat on it while getting groceries and running errands, and then beat on by test drivers trying to see how fast it is. Multi user = extra wear.

*It's a used car, "demo" = dealership staff's DD.


03 Jetta AWP/09A 210k kms
Edge 0W40 + Mann 719/30
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886056
10/02/18 11:33 PM
10/02/18 11:33 PM
Joined: Mar 2005
Posts: 81
Boulder, Colorado
boulderdentist Offline
boulderdentist  Offline

Joined: Mar 2005
Posts: 81
Boulder, Colorado
I really don't have any insight but a couple of suggestions. Check the DOS Date of Service, if sold as new should be when you took possession. If DOS is when they started to use it, then I would not consider it new. Also see if you are the first to title the vehicle, if dealer titled it, then it cannot be new because you would be second owner to title. Kia is known for its 10 year, 100,000 mile warranty. If you can prove the vehicle is not new, then you have damages, should reduce the price accordingly. I would argue that the 10 year/100,000 mile warranty is a point of sale. This might constitute "fraud in the inducement".

Do I have to use the dealer for repairs and maintenance to keep my warranty in effect?
No. An independent mechanic, a retail chain shop, or even you yourself can do routine maintenance and repairs on your vehicle. In fact, the Magnuson-Moss Warranty Act, which is enforced by the FTC, makes it illegal for manufacturers or dealers to claim that your warranty is void or to deny coverage under your warranty simply because someone other than the dealer did the work. The manufacturer or dealer can, however, require consumers to use select repair facilities if the repair services are provided to consumers free of charge under the warranty. You are protected from this by the Magnuson-Moss Warranty Act. Perhaps if they have a "lifetime warranty" they may require you to service it with a licensed repair shop. For regular warranty Magnuson-Moss protects you. Check the DOS, point of sale, title, and tell them about Magnuson-Moss Act. I think you should have been informed and disclosed if the warranty had been reduced. Good luck. If doing your own repairs or maintenance keep receipts and detailed, meticulous records.

Scott

Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886062
10/03/18 12:00 AM
10/03/18 12:00 AM
Joined: Oct 2009
Posts: 4,812
Wet side WA
JohnnyJohnson Online content
JohnnyJohnson  Online Content

Joined: Oct 2009
Posts: 4,812
Wet side WA
Did they heavily discount this car when you bought it?


2004 Corolla 132701
Out: EDGE EP 5W-30 Bosch 3311 7156 Miles
In: Havoline Pro DS 10w-30 Purolator PureOne 3-14-19 129693
2006 Duramax 74906
Out: T6 5W-40 M1-303
In: T6 5W-40 XG9100 73705 4-22-18
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886065
10/03/18 12:04 AM
10/03/18 12:04 AM
Joined: Mar 2012
Posts: 494
PEARL River la
tiger862 Offline
tiger862  Offline

Joined: Mar 2012
Posts: 494
PEARL River la
Look at registration it will tell you new or used. I just bought a new Grand Caravan with 3k and was told it was demo so I would have best of both worlds new car warranty with new car for lower price. Insurance needed to know used or new and no one would give me an answer so I put used but not titled according to carfax. Got registration in it stated used. Well now I know why it was 19k out the door. Lucky I have 7 year extended bumper to bumper warranty


Tiger862
2018 Grand Caravan
Re: Bought a new car but found out it has a shortened warranty [Re: Datarock] #4886067
10/03/18 12:10 AM
10/03/18 12:10 AM
Joined: Aug 2008
Posts: 3,652
Where the wind comes sweepin'
Reddy45 Offline
Reddy45  Offline

Joined: Aug 2008
Posts: 3,652
Where the wind comes sweepin'
I think the paperwork covers you in this case. Breathe easy, I'm sure Kia will make it right.

Re: Bought a new car but found out it has a shortened warranty [Re: JohnnyJohnson] #4886113
10/03/18 04:54 AM
10/03/18 04:54 AM
Joined: May 2018
Posts: 1,844
Tri State Conservative
Zee09 Offline
Zee09  Offline

Joined: May 2018
Posts: 1,844
Tri State Conservative
Originally Posted by JohnnyJohnson
Did they heavily discount this car when you bought it?


This is what we need to know.
If you got it for a song, I'd except the warranty. If not, look into it further.


"If I walked on water, they'd say I couldn't swim."
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