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Is this a valid Magnuson-Moss Act concern? (A big lengthy)

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Old Jun 16, 2008, 08:14 PM
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Is this a valid Magnuson-Moss Act concern? (A big lengthy)

Some back history, sorry if this is irrelevant --

At the beginning of May I was driving home from work in the rain when all the sudden my car died at a 4-way stop at a busy intersection. The engine would crank, but it wouldn’t turn over. I checked to see if I could see any obvious lose wiring or hoses. Checking the fuses completely skipped my mind (It was raining and I was blocking a lane, I just wanted to get out of the way). Guy helped me push my car about 1000 feet to a parking lot. I called Mitsu Roadside Assistance, they where there within 30 minutes. Got to the dealer, the sales manager had assured me that the car would be kept inside over night.

Next day got the call that I had popped the #8 fuse. The dealer said that because I had a turbo timer wired into the ignition, it placed additional stress on the circuitry causing the fuse to fail. Keep in mind that the Turbo Timer wasn't even plugged in. I had unplugged it long ago, just never removed the wiring harness. I asked him how something wired into the ignition caused a fuse on a different circuit to fail and he said the circuitry is not made to withstand aftermarket wiring harnesses such as aftermarket boost gauges, turbo timers, etc...I paid my $110 and got my car back with some minor frustrations as it cost $108 for them to inspect my car $2 to replace the fuse, and the best they could do is give me a B.S. answer...They did offer me a complimentary car wash though as they could not warranty my car...

3 weeks ago I noticed that when shifting into 5th a grind was starting to develop. I know this is a common issue with the 2003-2004 model years. Since I have 35,000 miles on my car and still am running strong on the factory clutch I took my car to a different dealership as I thought I may have a good chance of having warranty work performed. A few weeks earlier they replaced a 3rd gear synchro and a T-Case on a friends Evo IX. Anyways, they pull up the vehicle inquiry and a big red flag comes up stating that my car has been modified.

He brings up the Vehicle Warranty Status, "POWERTRAIN RESTRICTION DUE TO MODIFICATIONS: WASTEGATE BYPASSED, ADJUSTABLE WASTEGATE CONTROL, AFTRMRKT EXHAUST, NO CAT CONVERTER, AFTRMRKT AIR INTAKE, NON OEM WIRING & ELEC PLUGS, HOLE IN GLVBOX". The dealer told me that it looks like someone had serviced my car prior and voided the warranty. He said with these restrictions in place they couldn't touch my car.

I had a discussion with the Regional Service Manager today and he said that the Warranty is not voided, there is "warranty-work restrictions" in place due to my modifications...same thing different way of saying it. Anyways he tells me that "The drive train is designed to handle the factory rated HP, not 300, 350, etc." He said with the modifications he sees listed I'd be making well above 300 which is a fair point. I then asked him his opinion on the fact that the dealer I bought my car from said that an aftermarket intake and cat back exhaust would not void the warranty...He said if I was in that situation he would lean towards transmission failure. I then explained that he needed to prove that the additional HP was the cause of the 5th gear synchro failure. He came back and said, "No we don't, your car is modified, therefore your car has warranty work restrictions"

My question is...is it illegal to put "warranty-restrictions" in place for components of my vehicle that weren't even close to being related to the blown #8 fuse?

Here is the 'Vehicle Warranty Status' page, All the restrictions were put in place after the dealer had diagnosed and repaired my blown #8 fuse.

Last edited by Chukee_R; Jun 16, 2008 at 08:24 PM.
Old Jun 16, 2008, 08:29 PM
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Correct me if I am wrong, but I am pretty sure that the dealers are allowed to identify your mods even if you come in for a routine oil change. The purpose of the red flag was so that you could not take off your mods before you came in if something did break. Also the act more covers whether or not your modifications caused the issue. Not necessarily whether or not they know about your mods.
Old Jun 16, 2008, 08:39 PM
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I couldn't read all of that *yawn* i saw warranty a couple of times so i hope everything works out for ya
Old Jun 16, 2008, 08:47 PM
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Well, I think that they can legally void your warranty for the smallest modification if they wanted to. Technically, the aftermarket part has to be proven to cause the failure... but they will say something like "Those mods gives your car more power thus causing parts to break down". Your talking about Mitsubishi here, they can void your warranty if they think you raced your car. Take your car out of the dealership and bring it in to a Mitsubishi repair shop that will work with warranty work and see what they can do. I had to learn that the hard way. Good Luck
Old Jun 16, 2008, 08:48 PM
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Originally Posted by TheoryVIII
I couldn't read all of that *yawn* i saw warranty a couple of times so i hope everything works out for ya
Phfff

Great contribution, ya **fhjkdwnagfdis*&$-0hpl,fw0987&*(

Anyways, like Gate said "Also the act more covers whether or not your modifications caused the issue. Not necessarily whether or not they know about your mods."

Now that they already have the VOID in play, the problem is getting them to prove the synchro went bad because of the extra power.
Old Jun 16, 2008, 08:53 PM
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Originally Posted by EvoHung
Well, I think that they can legally void your warranty for the smallest modification if they wanted to. Technically, the aftermarket part has to be proven to cause the failure... but they will say something like "Those mods gives your car more power thus causing parts to break down". Your talking about Mitsubishi here, they can void your warranty if they think you raced your car. Take your car out of the dealership and bring it in to a Mitsubishi repair shop that will work with warranty work and see what they can do. I had to learn that the hard way. Good Luck
I did bring it to a dealership who is pretty good about warranty work. Problem is all this stuff is in their computer system now. So he cant file the claim to the regional rep.

A few weeks prior a guy with the exact same mods as me had his T-Case and 3rd gear synchro replaced.
Old Jun 16, 2008, 08:57 PM
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from what i have found out it depends on the dealership. my dealership back in MA is cool with basic bolt ons even when you come in for work. My dealership here in WA said they dont care what I do to my car as long as its not on my car when I come in and if it is something that breaks my car that i put on to tell them and they will work with the me to get my car fixed and not flag it. but if i beat around the bush and lie and they find out they will flag me. so depends on the place man. hope it works out.
Old Jun 16, 2008, 09:08 PM
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Originally Posted by DocCola
from what i have found out it depends on the dealership. my dealership back in MA is cool with basic bolt ons even when you come in for work. My dealership here in WA said they dont care what I do to my car as long as its not on my car when I come in and if it is something that breaks my car that i put on to tell them and they will work with the me to get my car fixed and not flag it. but if i beat around the bush and lie and they find out they will flag me. so depends on the place man. hope it works out.

Thanks. I am already prepared just to give up, but a buddy of mine has been advising me to file a complaint to the FTC referencing Magnus-Moss Act. I just want to get other peoples opinions.

I'm probably just going to go down the path of sending my transmission to Shep to be rebuilt with dual 5th gear synchros, and then I'd do a new clutch since everything is already out of the car at that point anyways.
Old Jun 16, 2008, 09:46 PM
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Almost had the same problem too. Only thing is that when i took the car in the first time, the parts wern't on it. The second time i took it in, i put on the downpipe testpipe and the catback exhaust. They were having problems about fixing my car but they did it anyways. And it was the tranny.
Old Jun 17, 2008, 01:42 AM
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Originally Posted by Chukee_R
Thanks. I am already prepared just to give up, but a buddy of mine has been advising me to file a complaint to the FTC referencing Magnus-Moss Act. I just want to get other peoples opinions.

I'm probably just going to go down the path of sending my transmission to Shep to be rebuilt with dual 5th gear synchros, and then I'd do a new clutch since everything is already out of the car at that point anyways.



Thats proly a good idea, but do not forget to follow through with your complaint.
Old Jun 17, 2008, 06:16 AM
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There is a TSB for the 5th gear synchro. Because of this, Mitsubishi has admitted to a design flaw in that area of the transmission. I would bring that up and if they still want to deny the claim then take it to arbitration. It doesn't cost anything so you might as well do it.

-Paul
Old Jun 17, 2008, 06:30 AM
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Originally Posted by PVD04
There is a TSB for the 5th gear synchro. Because of this, Mitsubishi has admitted to a design flaw in that area of the transmission. I would bring that up and if they still want to deny the claim then take it to arbitration. It doesn't cost anything so you might as well do it.

-Paul
I did bring this up and the TSB is for the 03-04 model years. The Regional Service Manager said that my car being an '06, the TSB doesn't apply. He said that when the TSB's are released they apply the TSB's to future model years.
Old Jun 17, 2008, 06:42 AM
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Originally Posted by Chukee_R
I did bring this up and the TSB is for the 03-04 model years. The Regional Service Manager said that my car being an '06, the TSB doesn't apply. He said that when the TSB's are released they apply the TSB's to future model years.
Sorry, I should have noticed that you have an 06. Your best bet is probably to have Shep, TRE, or Buschur rebuild it. Although arbitration might be worth a shot.
Old Jun 17, 2008, 06:57 AM
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They sure went to a lot of trouble over a fuse, lol. Was the first dealership the one where you purchased the vehicle? If it was, you'd think they would replace the fuse and send you on your way because they want to sell you another car in the future. But if it was some other dealership where you have no relationship, they're not going to be real motivated to give you freebies. If you read your warranty, it's pretty clear in there in multiple sections that if you make alterations to your vehicle, they are not going to warranty it. You modified your electrical system and your powertrain; they don't have to warranty either. So I would say, no this is not a valid Magnuson-Moss Act concern, sorry.
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