Section 6-5-103
Deceit — Right of action generally.
Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action. In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.

(Code 1907, §2469; Code 1923, §5677; Code 1940, T. 7, §110.)

 

The dealership must prove not just say that the aftermarket equipment caused the need for repair this was put into law called the Magnuson-Moss warranty act of 1975 phone number is 202 362 3128 Federal commission hope this helps some of you.......

 

Section 6-5-104
Deceit - Fraudulent deceit.
(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.

(b) A deceit within the meaning of this section is either:

(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;

(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;

(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or

(4) A promise made without any intention of performing it.

(Code 1923, §§7353, 7354; Code 1940, T. 7, §§111, 112.)

 

Are you saying just tell them you had mods, and let them prove said mods caused the failure?

 

Looks like "someone's" chip blew your motor up, AGAIN, huh?

Damn, dude, I feel for you. Think of it this way, at least Ford covered the 1st engine.

 

Uh Twisted what chip were you running just for shi*s and giggles?

 

There is No proof or substatiation that said chip, If installed cause
mechanical failure.

 

LOL...ok then what unsubstatiated mechanical failure chip did you have?

 

Everybody thinks they're a lawyer.

Well, I AM a lawyer. You have somewhere between zero and zero chance of proving fraud against Ford for never intending to honor its warranty. Ford only needs to put up one simple piece of evidence: the millions of dollars it spends on warranty repairs on Lightnings.

If you were unfairly denied warranty coverage, you have a simple breach of contract case. Other laws, such as the Magnuson-Moss Act and your state's unfair business practices laws, may also assist you. But fraud--forget about it. You will lose 100 times out of 100.

Legally speaking, the burden of proof is on you, the plaintiff, to prove that the dealer breached the warranty. As a practical matter, however, the dealer would need to prove that your modification caused the problem.

Before you go running off to a lawyer, however, try the following (from a previous post of mine):

"First, if the dealer is plainly in the wrong, keep escalating the issue at the dealership until you are talking directly to the owner if required. Make it clear that you will never stop until you are satisfied. If the owner won't deal with you, whip out the manual and have him call customer service (number in the owner's manual) on the speakerphone.

Second, you can call the customer service number in your owner's manual on your own. They can reason with a f*cked up dealer.

Third, demand arbitration--the number is also in the owner's manual.

Fourth, call the Better Business Bureau. They also have free arbitration (I am enrolling in a class to be a volunteer BBB arbitrator).

Fifth, you can file a small claims court action. Attorneys are not allowed there, so you needn't fear the swarm of Big Blue lawyers.

Remember, Ford does not have unlimited access to lawyers. Their lawyers have a fixed amount of time per year. Farting around with your petty claim is not something worth a lot of time from an employee for which that have to pay $200K of more including benefits. Further, the dealer itself does not have free lawyers.

If you are right, stand your ground. Don't back down an inch. Not an inch. If one guys says no, demand to speak with his boss. You would be surprised how far that will get you.

I have always been a demanding assh*le and have never had to sue anyone. I just carry a bigger stick now."

 

You have no chance in hell winning this warranty claim bro.

Ford has some much documentation as Tim pointed out, it wouldnt make it to trial.

If you are going to mod your truck, you best damn put it back to stock, all the way down to the paper air filter when you attempt to warranty the motor due to mods.

 

Although there may be a correlation between chips and mechanical failure I have never seen undeniable proof..In my judgement..I am as Tim said Not a lawyer...I can read and reason somewhat...on a gutteral level. Even if there has been "proof"
that don't prove that was the scenerio in this instance.

Tim...thanks for the info. I do appreciate it.

Granted I think this is an insignificant amount to Ford..

Depending on your perspective..

It may well be....

 

By the way..Don't mind being an *******..just a freshly phucked *******...while the feeling may diminish..it is often revisited.

 

Not meaning to insult your reasoning or intelligence, just pointing out your ignorance (and I don't mean that as a cut) of the applicable law.

As to the proof issue, Ford did not even know you when it wrote the warranty. You would therefore have to prove that Ford did not intend to honor its warranty to anyone. You obviously could never prove this. If you could, you could hake some lawyer rich beyond his wildest dreams.

If you honestly believe that the chip did not contribute to whatever failure you had, keep fighting the good fight. If you just keep fighting intelligently, you will probably win.

If the chip might have contributed, do the right thing and pay for the repair yourself.

 

besides, why does the dealer/Ford have to prove your chip did/did not do anything to cause damage?

in the Ford warranty guide out of your glove box spelled out it is spelled out clearly... "performance chip will void your warranty".

all they have to do is prove you had a "performance chip" installed!

when you are told not to do something, and you do it anyway, and something breaks - don't whine about it.

 

I did not know this. I stand corrected. Okham's Razor--the simplest solution is the best solution. So long as a warranty provision is not contrary to law or public policy, it will be upheld. This one seems clean.

"When you are told not to do something, and you do it anyway, and something breaks - don't whine about it." Can I use this in my next brief? May not be legalese, but sure makes a buttload of sense.