Dennis, you plain out wrong!!!, If you have a car accident and the insurance company refuse to pay, you sue the indivdual.If a dealer sells you an option and doesn't deliver it with the option, you sue the dealer.Who sold you your truck, a dealer or Ford?? Did you ever have direct contact with Ford when you ordered your truck? If you did maybe you had first hand knowledge of this whole radiator issue. Its the dealers responsibility to give the consumer the information they need to make an informed decision. Its Ford responsibility to inform the dealers of product changes.My sales person told me a radiator upgrade based on all of Ford witten information, then didn't deliver it. If the dealer tells you you'll get one, then they better come through with it, and not hide behind excuses.They should be pissed at Ford!!, for not telling them about a change.

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2001 F-150 XLT S-CAB 4.6 "the full ride"
96 Taurus GL
93 Kenne-Bell Supercharged Mustang
"Injection is nice, but I perfer being blown!"

 

Re Suing the Dealer: Sure, why not, however;
At least in my State of New York, you must sue for money damages in small claims, meaning you would have to have the radiator installed and then sue for your money back.
If one wants to force them to change your radiator a higher court would be required.
Higher courts are major $$$ and take considerable time. That works in corporate Americas favor. Chances of a class action are looking better by the day. Hang in there. I'm only 1/2 way home myself.

------------------
2001 Lariat Screw. Gen.3,
5.4, 4x4, All white w/ gray interior. 4r70w tranny, no problems yet,
wrong radiator, 3.55 gears

 

Looks to me in your state of new york someone could sue for the money they were cheated out of...

 

I guess you can sue anybody, but what it will come down to is if the dealer knowingly sold something that didn't have equipment that was paid for. In this case, I don't think the dealer is liable.

Ask any retailer if s/he is held liable for defective packaged products. Nope. The manufacturer is. The only time the retailer is held liable is if the retailer knowingly sold a defective product or the retailer did something to the product that caused harm.

When the Firestone blowouts started happening, were the dealers held responsible? NO! The injured parties sued Firestone and Ford Corp. If, after the recall, a dealer sold a vehicle with the defective tires, then yes. The dealer is probably liable since they sold a defective product and they had knowledge that a certain product was defective.

By suing the dealer over the radiator, you're saying the dealer is responsible for making sure every nut and bolt and stitch and nit picky item is up to specs. I can tell you right now, that's not the case because if it were, then every supermarket in the country would have to test every food item to make sure it's safe for consumption, even prepackaged goods like canned and frozen foods. They'd have to drain and weigh every piece of fruit in a can to make sure the drained weight is what the label says it is.

So, I'll stick to my thinking that you can't successfully sue the dealer for the radiator problem that we really don't know for sure that it's a problem in the first place.

I think you should do what the door crack people did. Keep calling and writing and get the dealer to do it too. As with the door cracks, I'm sure if Ford made a mistake, they will fix the problem.

I'm still betting that the case against the dealer will be thrown out. Your expectations of a dealer's responsibility is unreasonable. A case against Ford Corp, on the other hand, might just make it if you can prove that you actually have the wrong radiator and that it's not up to Ford specs for the towing/HD cooling package that you bought.

Believe me. After over 20 years of retailing experience and paying thousands a year in liability insurance, I know what my liability was and was not. In all cases, packaged goods safety was the responsibility of the manufacturer so long as I did my part according to the law, regulations, and manufacturer's specs.

 

Hey Frank S, yes, you can recover your money,
and only money, not force a replacement in New York small claims court. Before you two other guys go to town on each other, I have successfully used the samll claims to settle a warranty item and the action was against the dealer not the manufacturer.

------------------
2001 Lariat Screw. Gen.3,
5.4, 4x4, All white w/ gray interior. 4r70w tranny, no problems yet,
wrong radiator, 3.55 gears

 

Mark, this is B.S., they didn't change the spec and can't change it after the fact to remove something you already paid for - this violates every unfair and deceptive trade practices act I know of. I am working on this, expect an announcement relatively soon regarding a broader action in this matter.

-- Jim

 

jstang,

When I file suit I am planing on naming the Dealer and Ford...What do you think?



[This message has been edited by Supercrew2001red5.4 (edited 03-28-2001).]

 

Dennis, if you ordered corn flakes and your grocer delivered frosted flakes, and won't take them back, Why would you sue Kelloggs?
If his store had several mismarked boxes, don't you think he would pull them off the floor, and contact someone? or continue to sell them as corn flakes?What would you do? I would take them back and try to get the problem resolved, not tell my customers "too Bad!" The dealer has the obligation to get you what you ordered and paid for. As far as the tire recall, there is a major difference between a defective item, and paying for something and not getting it. Liability is proving 2 points,... could have and should have, could the dealer have known which radiator came in the package?(maybe not) and should they have?(yes they should) could they have replaced it according to all the printed materials?(yes they could) and should they? (why not?).Let the dealer go after ford for their losses, it's not my problem.The dealer is who I had a transaction with(all my contact), not the Ford motor company.I understand what you are saying , it's really not the dealers fault that Ford did this, However they are the ones you deal with and took your money. Here in CT as with other states, you could only look to get your money back for the option.Thats how I would have handled it as well.

------------------
2001 F-150 XLT S-CAB 4.6 "the full ride"
96 Taurus GL
93 Kenne-Bell Supercharged Mustang
"Injection is nice, but I perfer being blown!"

 

Hey Supercrew2001red5.4,
Look at the other threads related to the radiator deal. There are a number of people who have already had their radiators replaced and a couple of people collecting lists of names with the wrong one. I have not heard of anyone who has gotten the larger radiator in a SCrew. FYI

------------------
Gen III
4x4 Lariat
5.4
Lmtd Slip, 3.55
ORP
Tow Package
Oxford White/Az Beige
Med Parchment leather
Heated captains chairs
Moonroof
Slider
Bed extender
CD Changer

Ordered 1/11/01
Arrived at Dealer 2/28/01

 

Like I said over on the other posting "Wrong Radiator", The word was put out last Thursday to all regional reps and service reps.
Ford has come up with a "story" that all 1,02" radiators are the going item in all light truck applications.
In other words, Ford has put out a statement to all, the 1,02 is the new HD rad....Glad to see that some of you got yours changed.
By the way, the poster above who didn't have a worry, cause his temp gauge always stays normal, even when towing.Guess what, your gauge is nothing but a idiot stick, no way is it a gauge, you'd smell antifreeze, before that stick would show HOT...
DC

------------------



DOGCAM

01 F-150 SC Lariat
Flareside 4X2,5.4,3:73
LS, SnugLid,Dynomax
Exhaust,Kenwood Amps,
Speakers,JL 10" Sub

[This message has been edited by dogcam (edited 03-29-2001).]

 

Hey dogcam that guy isn't to bright

------------------
2001 F-150 5.4L trition,
Regular cab with 8' bed
XLT with Black Clearcoat
4x4 3.55 limited slip
factory cab steps
class III tow package
Factory ordered: 12/5
recieved: 2/22

Current Mods: Ford Plastic bedliner, Bug Deflector II

 

I just got off the phone with a nice gal from ford customer service.She was very nice and got my vin number and proceeded to tell me that I should have the supercooling radiator.
I told her that Ford told my dealer that they made a spec change exc..
She said in her source book when ford makes a spec change that they indicate it in their books and she said that her source book did not show any change for the Supercrew 2001 as far as the radiator. She could not understand why I did not go thru my dealer and submit a misbuilt vehicle claim and get the correct radiator.She sounded like she was going to get my radiator. She called my dealer to find out what was going on hehe when she called me back she acted totally different her voice was different you could tell she just found out about our screwing.She said she would call me back later...what a joke.

I am going to get my complaint number and proceed on to DSB and go from there.




[This message has been edited by Supercrew2001red5.4 (edited 03-29-2001).]

 

We need to find a way to get this Radiator imformation in the hands of owners not affiliated with this site.
There are thousands of owners who don't know about this.

 

Hey supercrew your right thousands don't even know about problem and might not every unless someone does something. Ford might update information and they will never know and will get stuck with 1.02"

------------------
2001 F-150 5.4L trition,
Regular cab with 8' bed
XLT with Black Clearcoat
4x4 3.55 limited slip
factory cab steps
class III tow package
Factory ordered: 12/5
recieved: 2/22

Current Mods: Ford Plastic bedliner, Bug Deflector II

 

My name is Rob Rasch and my dealer replaced my standard radiator with the larger 1.42" radiator with no argument.



------------------
2001 F-150 S'Crew
Lariat 4x4
Oxford White w/ silver accent (two-tone)
5.4L V-8
skid plates
rear-slip
graphite leather (60/40 bench)
Husky liners
Jason Dimension tonneau cover w/ skid mat in the bed