useridchallenged

For background, see the threads titled "Oil scavenging pump failure" and "Dealer says 'something let loose in the engine'".

Summary:

1. 2005 997-1, 4 months past ex-warranty, 70k miles (so 20k miles out of warranty)
2. oil scavenging pump seized during test drive by dealer mechanic after repairs. I (owner) was not present during the test drive.
3. unknown whether pump failure was due to manufacturing defect in engine or due to error of dealership when re-assembling the engine (RMS was replaced)
4. State of California
5. All service and maintenance performed on schedule (or early) by dealer
6. Dealer is taking the position that all the expense of the blown engine is mine ($10.5k)

Question:

Although car is out of warranty, the engine blew on the dealer's watch (their possession, their driver) - what responsibility does the dealer have to make the car "whole"?


I hope no one else has to go through this!

rbaron

Really sorry to hear this.

You are going to need to consult a competent California lawyer......applicable laws vary from state to state.

Ask for referrals from friends and business associates....the yellow pages are usually not a reliable source.

Good luck!

--Lawyer Bob

At Law

Useridchallenged,

I, too, and sorry to hear this. This is a horrible experience
to go through.

You will not receive any legal advice from attorneys on this
website; not because we do not want to help, but because
we are strictly forbidden by the Professional Rules of Legal Ethics
to give legal advice to non-clients.

Good Luck.

KeninBlaine

I thought "Legal ethics" was an oxymoron.

rbaron

It appears pretty obvious who is the moron.

bave

Wow.. uncalled for much?

useridchallenged

No pro-bono advice to "new clients"? (ie. a private and off-line note, for example?)

sandwedge

What's their argument? That the part failed due to old age/excessive wear & tear and had nothing to do with the repair work? Have you asked for a DME printout? Might be useful in learning how the test drive was conducted.

Likemystoppie?

Wow, what a mess of pooo.... Did you call PCNA?

jlinmd

You should definitely call PCNA. Maybe they'll give you a $500 check, just like they promised me for my car's loose starter cable issue.

rbaron

I can see several issues here. One, which you are already thinking of, has to do with a possible design or manufacturing defect. That could lead a breach of implied warranty of fitness claim. In Oklahoma such claims could possibly be asserted against everyone in the supply chain, from the manufacturer down to the dealer. I do not know about California. However, you likely would have to prove the defect existed (design or manufacture) at the time it left the manufacturer. Separate and apart there may be issues under the law of bailment....this is against the dealer who had custody and control of your car. This will be specific to California law and may be affected by any attempted disclaimer on the repair order you may or may not have signed.

That's why I think it is critical that you get advice from a competent California lawyer.

I also wonder if you want this dealer to do the repairs, or if you want to (possibly) mitigate your damages - or improve the likelihood of it being done right? - by having the motor crated and shipped to someone like Jake Raby, who is mentioned in your other thread. I don't know him, but it might worth a phone call to him at the least. ( I would, however, again suggest you get the advice of competent counsel before you go that route.)

Again, I'm really sorry for you. This is a ****ty event, but we do get those in life, don't we?

Rinty

User:

Our provincial law society does not proscribe the giving of advice to non clients, and I would think that U.S. state bar associations all have different codes of conduct.

Just recently there was a thread in the 993 section about a guy who bought a 993 with a mileage issue, and took the seller to small claims court in California, with the assistance of another Rennlister. I am not sure if I can find that thread, (I will look for it later) but perhaps another member or user can pull it up.

Sorry to hear about your car.

P.S. Here's the thread: there may be some contacts here who can refer you to counsel, if you need to pursue this:
https://rennlist.com/forums/993-foru...uthern-ca.html

richc

Dealers are pressed to generate revenue - and my guess is the economic climate has a factor in what they're doing to you. Call PCNA, be calm and I think they'll take care of you.

hikejohn

When I had a problem with local dealer trying to charge me for what should have been warranty...I called MB in Monvale and got the dealer to write me a check for the full amount of what should have been covered. It would seem to me that Porsche should value its clients in the same way; regardless if this was a design fault, or a manufacturing fault or whatever. Failures like that on a well maintained car, in my opinion, shouldn't occur, but of course from time to time they do. Call PCNA and discuss this matter with them.

fxhomie

Unfortunately, since the amount in question is above $7,500, you can't go to small claims court to settle this matter. That means, should legal proceedings be your final option, you will need to be represented in Superior Court.