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Car Forum / Driving, Maintenance, Tuning / General Car Topics / February 2005

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Odd attitude at dealer--bad sign?

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Thomas Kagle - 07 Feb 2005 01:14 GMT
Hi,

I traded in my '93 Honda Del Sol for a new car last weekend, and I'm a
little concerned that at least some people at that dealership have a bad
attitude towards customers, because of what happened with my trade-in:

The Del Sol had a driver-side-only airbag that I disabled years ago after
reading numerous accounts of deaths, injuries, and unexpected activation in
early-model airbags.  I put a small piece of black tape over the clear
plastic in front of the instrument panel airbag warning light so the
light's glow would be visible at night around the tape, but not bright
enough to be annoying.

When I traded in the Del Sol on Saturday, I put my Haynes service manual on
the passenger seat, and told the salesman that before they sold the car,
they needed to re-enable the airbag.  (The new owner could use the manual
to disable it again if they distrusted the airbag like I did).  He said
they would.

Tuesday I sent the salesman an email telling him that when the battery was
disconnected to re-enable the airbag, it would wipe the radio's security
code, and I had put the radio's booklet with the security code on it inside
the service manual.

He replied by phone the next day, and told me there'd be no problem, that
they still had the car on the lot.  So I have now mentioned the airbag to
him three times on three separate days, once in person, once by email, and
once on the phone.

Yesterday I went by the dealership to see if they still had the Del Sol,
since I thought I'd left my electronic tire gauge inside it (turns out I
hadn't).  They'd already sold the Del Sol.  But when I asked the salesman
if they'd gotten the airbag re-enabled OK, he said they hadn't done it.  I
told him and a nearby manager that they really should at least call the
buyer and let him know the airbag was disabled but not defective.  I sure
hope they did, but they both looked completely unconcerned.

So, someone bought my old car and maybe doesn't know that it has a
perfectly good (but disabled) airbag.  The warning light is hard to see
from the driver's seat in daylight (which is when most test drives happen),
but when he sees the warning light glow at night, or a passenger sees it
later, he's going to think the airbag is defective--and he's already bought
the car!  If he decides to get it replaced, he's going to spend money he
doesn't need to spend--a few minutes is all it takes to re-enable it.  And
airbags aren't cheap.  What a waste that would be!

Am I expecting too much in the way of customer concern from this dealer, or
is this a genuine sign of indifference to their customers?  I know it's
just a used car, but the dealership told me they'd have to spend about $400
cleaning up and detailing my Del Sol before they would sell it, so what's
another few minutes to make it right for the buyer?

It makes me wonder; if they don't care about their used-car customers, they
may not care about the new-car customers either.  Should I think about
taking my car to another dealer for service?

It's been more than five years since I bought a car; I don't have a lot of
experience at it.  Perhaps most dealers are like that.  Or maybe the idea
that someone would care about an airbag on a car that's more than twelve
years old, or spend money to fix it, is silly.  So maybe the salespeoples'
attitude is reasonable.   I don't know.

Opinions?

Thomas
Peter D. Hipson - 07 Feb 2005 14:36 GMT
Hee, hee, hee...

I sure hope *you* have lots and lots of insurance because by putting
the tape on the light you have really transferred liability from the
dealer to yourself! (we won't get into just how stupid disabling an
air bag is, either.) If someone is injured or killed due to the fact
the air-bag was *INTENTIONALLY* disconnected, and the light was
*INTENTILALLY* covered so it would not show, your a$$ is grass, and
the injured party is goign to be the biggest lawnmower you've ever
seen.

And, just so you know the full score: you could also be held
criminally responsible for any injury or death, again because the act
was intentional. No, the law doesn't take into consideration that your
motivation was not to injure or kill, only that your act did so, and
it could have been reasonably expected that such an event would
happen.

I'd recommend a good lawyer, asap.

Now, if you had not done that rather stupid thing (as I hope you
realized now!) and had the air-bag gone off in an unexpected situation
you'd be in the winners seat. Now, sadly, you are in the looser
seat... Sleep well tonight!

>Hi,
>
[quoted text clipped - 61 lines]
>
>Thomas
Thomas Kagle - 08 Feb 2005 00:07 GMT
>Hee, hee, hee...
>
[quoted text clipped - 6 lines]
>the injured party is goign to be the biggest lawnmower you've ever
>seen.

If you'd read my post more carefully, you'd see the light *does* show--it's
totally visible from the passenger seat, and it's glow is visible by night
or in a garage even from the driver's seat.  The tape doesn't cover the
warning light itself, it's on the clear plastic cover inches away from the
lights and gauges.  I saw it every morning!  It's a _small_ piece of tape;
it's almost impossible to *avoid* seeing the light except from the drivers
seat in daylight--like during a test drive.

>And, just so you know the full score: you could also be held
>criminally responsible for any injury or death, again because the act
>was intentional. No, the law doesn't take into consideration that your
>motivation was not to injure or kill, only that your act did so, and
>it could have been reasonably expected that such an event would
>happen.

In that case, I'd think the dealership, having been repeatedly informed of
the airbag being off, would be much more liable for having knowingly sold
the car with the airbag disabled and failing to tell the buyer of that
fact.  But the legal system certainly has its intricacies, and I'd prefer
to avoid finding out that I was wrong.  Legal issues aside, I'd also hope
that the eventual individual buyer is fully informed about the hazards of
old-style airbags and can make their own choice as I did--that's my idea of
personal responsibility.

>I'd recommend a good lawyer, asap.
>
>Now, if you had not done that rather stupid thing (as I hope you
>realized now!) and had the air-bag gone off in an unexpected situation
>you'd be in the winners seat. Now, sadly, you are in the looser
>seat... Sleep well tonight!

Oh, I will.  I called my dealership, and they told me they had indeed
informed the purchaser.  The buyer was another dealer in a nearby city.
Just to be sure, I phoned that dealer myself.  The Del Sol is still on
their lot, unsold!  I told them all about the airbag, and just to be
*absolutely* sure they couldn't fail to understand, sent them a certified
letter with return receipt describing the situation.  I told them how they
could remove the tape and re-enable the airbag with the service manual I
included with the car.  So all is well and no harm done to anyone.

Thank goodness that malicious people are usually stupid.  A *clever*
malicious person would have read my post and just chuckled.  I owe you
thanks for the warning, however gloating!

Thomas

>>Hi,
>>
[quoted text clipped - 61 lines]
>>
>>Thomas
Peter D. Hipson - 08 Feb 2005 14:35 GMT
Well, not much I can say... In today's society it would be easy for
your to loose all over this. But, I think you got 'lucky' in that you
located the vehicle, and were able to alert the 'owner' (seller,
really) of the defect.

I didn't intend to be a big jerk (just a little one!) but wanted you
to realize that you were facing some trouble if things went wrong.

Hope you enjoy the new car...

>>Hee, hee, hee...
>>
[quoted text clipped - 118 lines]
>>>
>>>Thomas
Thomas Kagle - 08 Feb 2005 22:41 GMT
>Well, not much I can say... In today's society it would be easy for
>your to loose all over this. But, I think you got 'lucky' in that you
>located the vehicle, and were able to alert the 'owner' (seller,
>really) of the defect.

Actually...I didn't.  See my reply to M. McDonald.

>I didn't intend to be a big jerk (just a little one!) but wanted you
>to realize that you were facing some trouble if things went wrong.

A little is OK--even the best of us indulge occasionally.  :-)  And I sure
to realize the potential for harm.  Like I said, I do appreciate the
warning.

>Hope you enjoy the new car...

That, at least, is wonderful.  And since the new one has excellent new-type
airbags, I won't have to worry about this same issue years down the road!
:-)

Signature

Thomas  -email replies: remove delthis to reply-

http://home.austin.rr.com/tnulla/index.htm (high fidelity, liquid PC)
"Driven by fear, we have succumbed to the age-old temptation to sacrifice
liberty on the pretense of obtaining security.  Love of security, unfortu-
nately, all too often vanquishes love of liberty."  Rep. Ron Paul, R-TX

Thomas Kagle - 08 Feb 2005 23:14 GMT
(cancelled and reposted due to obsolete contact info included)

>Well, not much I can say... In today's society it would be easy for
>your to loose all over this. But, I think you got 'lucky' in that you
>located the vehicle, and were able to alert the 'owner' (seller,
>really) of the defect.

Actually...I didn't.  See my reply to M. McDonald.

>I didn't intend to be a big jerk (just a little one!) but wanted you
>to realize that you were facing some trouble if things went wrong.

A little is OK--even the best of us indulge occasionally.  :-)  And I sure
to realize the potential for harm.  Like I said, I do appreciate the
warning.

>Hope you enjoy the new car...

That, at least, is wonderful.  And since the new one has excellent new-type
airbags, I won't have to worry about this same issue years down the road!
:-)

Thomas
M. MacDonald - 08 Feb 2005 18:10 GMT
Check this link:
http://www.nhtsa.dot.gov/airbags/pages/FAQsABDeactiv.htm

Personally, I'd find the new owner and pay to have it reinstalled.  I would
not - under any circumstances (underline that!) - allow the dealer to be
involved in this.  In court they'll simply say "We were never informed...and
we didn't do it."  Do you honestly trust a dealer on this or to follow
through on it?  Afterall, they were not the ones who violated the law
pertaining to the disablement nor the follow through with the NHTSA on
granting a deactivation request.

Did you file with the NHTSA for a deactivation?  If not, then you should
know who is the liable party is.

Mack
Thomas Kagle - 08 Feb 2005 22:58 GMT
>Check this link:
>http://www.nhtsa.dot.gov/airbags/pages/FAQsABDeactiv.htm

Oh, no!  Ignorance is no excuse, but I had no idea that it was forbidden to
disable your own airbag.  No one drives my car but me, and the passenger
side doesn't have one in any case.

>Personally, I'd find the new owner and pay to have it reinstalled.  I would
>not - under any circumstances (underline that!) - allow the dealer to be
[quoted text clipped - 3 lines]
>pertaining to the disablement nor the follow through with the NHTSA on
>granting a deactivation request.

Your warning is well-founded.  They never informed the car's buyer as they
told me they had.  I found out because I went to the buyer (another dealer
in a nearby city), and they told me the  new-car dealership never said a
word to them about the airbag!  Unfortunately, by the time I drove to the
buyer's they had already returned the car due to the airbag.  And the
new-car dealer promptly resold the car again before I could get there!

>Did you file with the NHTSA for a deactivation?  If not, then you should
>know who is the liable party is.

*Now* I know!  I'm going to take your sage advice and contact the new buyer
myself and offer to pay the bill to re-enable the airbag at a Honda dealer.
The new-car dealership *says* they'll look up his contact info, and call me
tomorrow.  If they're lying again, and I can't get the info from them, then
it'll be attorney time.

Gentlemen, thanks very much for all the help and information.

What an ordeal!  If only I'd known...famous last words!

Thomas
nItpIk - 13 Feb 2005 14:20 GMT
Your dealer didn't want to mess with it because of cost and liability
issues.  Everything used that comes through their place is handled "as is"
.. what you see is what you get.  They can't be held responsible for wheels
that fall off of used cars because of bad ball joints etc.  You sold it "as
is".  The person who buys it, buys it "as is".

> Hi,
>
[quoted text clipped - 61 lines]
>
> Thomas
Peter D. Hipson - 13 Feb 2005 20:17 GMT
Definately not true in all states. In NH, the vehicle must pass
inspection, which eliminates your example off the bat... Added to that
regardless of as-is or not, if the seller knows there is a defect or
flaw in what they are selling, they can be held liable for not
revealing said flaw or defect to the purchaser.

So even if what you say is true for where you are, it isn't true
everywhere! <g>

>Your dealer didn't want to mess with it because of cost and liability
>issues.  Everything used that comes through their place is handled "as is"
>.. what you see is what you get.  They can't be held responsible for wheels
>that fall off of used cars because of bad ball joints etc.  You sold it "as
>is".  The person who buys it, buys it "as is".
 
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