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PI dealer has the right to void warranty upon transfer of ownership??
- Thread starter wkwlb
- Start date
Re: PI dealer has the right to void warranty upon transfer of ownership??
Normally Warranty on PI car is purchased by the PI from the Workshop for a "X" number of years. The warranty will stay with the car.
If the warranty is already paid for by the workshop upfront from Day 1. for the certain number of years @ $??? price then by right they have no rights to reject your warranty claim even though u bought the car used from the first owner.
But if i'm not wrong, MBM doesn't physically take warranty for continental cars. Its the PI involve that gives the warranty to the customer on condition that the car is serviced at MBM so that any problems, MBM will revert back to the PI and the PI will pay MBM for the claimed spoilt part. So in other words, u can say the warranty is from the PI, at their sole discrection whether they authorise MBM to replace the part at PI's cost. If PI don't allow part to be claim, then too bad, the customer will have to bear the cost..
Normally Warranty on PI car is purchased by the PI from the Workshop for a "X" number of years. The warranty will stay with the car.
If the warranty is already paid for by the workshop upfront from Day 1. for the certain number of years @ $??? price then by right they have no rights to reject your warranty claim even though u bought the car used from the first owner.
But if i'm not wrong, MBM doesn't physically take warranty for continental cars. Its the PI involve that gives the warranty to the customer on condition that the car is serviced at MBM so that any problems, MBM will revert back to the PI and the PI will pay MBM for the claimed spoilt part. So in other words, u can say the warranty is from the PI, at their sole discrection whether they authorise MBM to replace the part at PI's cost. If PI don't allow part to be claim, then too bad, the customer will have to bear the cost..
ClemZ
Well-Known Member
Re: PI dealer has the right to void warranty upon transfer of ownership??
I looked up the TWM website and it states warranty is transferrable
Warrantysg | Frequently Asked Questions
I looked up the TWM website and it states warranty is transferrable
Warrantysg | Frequently Asked Questions
Re: PI dealer has the right to void warranty upon transfer of ownership??
Question!
If warranty goes with the owner and not the car which is quite ridiculous. How would the workshop knows if the owner has changed? Doesn't make sense.
I, the 2nd owner, will tell the workshop i sending on behalf of my brother. He overseas now. Cannot meh??
Call Vincar and pop them that question. They probably will say that they know there is a change of ownership. Are they saying that they will check with LTA before proceeding with the claim?? 1st time hear leh.. so efficient! hur...
Question!
If warranty goes with the owner and not the car which is quite ridiculous. How would the workshop knows if the owner has changed? Doesn't make sense.
I, the 2nd owner, will tell the workshop i sending on behalf of my brother. He overseas now. Cannot meh??
Call Vincar and pop them that question. They probably will say that they know there is a change of ownership. Are they saying that they will check with LTA before proceeding with the claim?? 1st time hear leh.. so efficient! hur...
Re: PI dealer has the right to void warranty upon transfer of ownership??
The legal position on car warranty transfer between owners is as follows :
1. The industry practice in Singapore is that the warranty stays with the car's title and not the individual/corporate owners involved. Many people assume that an industry's practice is not
2. Its as if the dealer has an agreement with the car and the owner(s) is merely the trustee. Trustees can be changed many times without the underlying trust being altered, it is a mere custodial relationship at its root.
3. The courts will assume that this is the case in any claims by subsequent owners. Dealers are in a position of significantly higher economic leverage than owners (when it comes to after-sales matters such as warranties) and so their burden of proof that the warranty cannot be transferred is very heavy. I.e. the slightest reason to show that they haven't disclaimed a warranty transfer between owners will be used to enforce the warranty agreement against the dealer.
4. In this environment, the dealer can only protect himself by EXPLICITLY stating IN WRITING that the warranty is tied to the 1st owner (or 1st and 2nd owner etc) in his intial sale and purchase agreement with the first owner. In this scenario, the courts will be satisfied that everything's in the clear to highlight an ABNORMAL trade practice to the buyer, and that the buyer is thus not being mislead, and will rule for the dealer.
5. It is the responsibility of the first owner to EXPLICITLY STATE IN WRITING to the second owner that the car is not under warranty (if say its being sold within 100k or within the first 3 years or other typical warrantiable situations) when he sells the car off.
6. If he fails to do that and leaves the 2nd owner with that impression, and if the 2nd owner transfers that impression to the 3rd owner, the 1st owner will ultimately be made to indemnify the current owner for anything that ought to be paid for under the warranty. [ btw this is also the situation if a legitimate warranty got voided for some reason - this needs to be declare upon resale if not the the guy responsible will ultimately be liable. ]
7. Most people will not buy a car from such a dealer as their car's market value suffers upon resale. Even if I have an 8 mth old car, i cannot expect the same price from pml's 8 month old if the next owner will no longer enjoy the dealer's warranty on parts and labour for defects. Knowing this, I will either not buy such a car from the dealer (which will slash his sales and affect his business), or insist on a substantially reduced price to offset my later anticipate loss upon sale (which will squeeze his margins down and affect his business), or I will only buy from him if I intend to keep the car for 3-5 years without entertaining the idea of a change (which will reduce the dealer's target market and thus affect his business), and even then I will insist on a lower price because I've got the chance to squeeze the dealer coz of the 1-owner warranty matter.
8. In the Singapore business environment, such pressure will drive PIs out of business. As such, most of them do not have such a practice.
9. If a dealer turns around and attempts to pull such a stunt on you, he is merely asking you the following question : " are you stupid enough to fall for my bluff?" If that happens, do not think twice and immediately consult your nearest friendly attorney for suitable redress (which will include the costs of litigation too) and publicise the details on this and other fora to help inform and protect the public.
rgds,
Roberto
The legal position on car warranty transfer between owners is as follows :
1. The industry practice in Singapore is that the warranty stays with the car's title and not the individual/corporate owners involved. Many people assume that an industry's practice is not
2. Its as if the dealer has an agreement with the car and the owner(s) is merely the trustee. Trustees can be changed many times without the underlying trust being altered, it is a mere custodial relationship at its root.
3. The courts will assume that this is the case in any claims by subsequent owners. Dealers are in a position of significantly higher economic leverage than owners (when it comes to after-sales matters such as warranties) and so their burden of proof that the warranty cannot be transferred is very heavy. I.e. the slightest reason to show that they haven't disclaimed a warranty transfer between owners will be used to enforce the warranty agreement against the dealer.
4. In this environment, the dealer can only protect himself by EXPLICITLY stating IN WRITING that the warranty is tied to the 1st owner (or 1st and 2nd owner etc) in his intial sale and purchase agreement with the first owner. In this scenario, the courts will be satisfied that everything's in the clear to highlight an ABNORMAL trade practice to the buyer, and that the buyer is thus not being mislead, and will rule for the dealer.
5. It is the responsibility of the first owner to EXPLICITLY STATE IN WRITING to the second owner that the car is not under warranty (if say its being sold within 100k or within the first 3 years or other typical warrantiable situations) when he sells the car off.
6. If he fails to do that and leaves the 2nd owner with that impression, and if the 2nd owner transfers that impression to the 3rd owner, the 1st owner will ultimately be made to indemnify the current owner for anything that ought to be paid for under the warranty. [ btw this is also the situation if a legitimate warranty got voided for some reason - this needs to be declare upon resale if not the the guy responsible will ultimately be liable. ]
7. Most people will not buy a car from such a dealer as their car's market value suffers upon resale. Even if I have an 8 mth old car, i cannot expect the same price from pml's 8 month old if the next owner will no longer enjoy the dealer's warranty on parts and labour for defects. Knowing this, I will either not buy such a car from the dealer (which will slash his sales and affect his business), or insist on a substantially reduced price to offset my later anticipate loss upon sale (which will squeeze his margins down and affect his business), or I will only buy from him if I intend to keep the car for 3-5 years without entertaining the idea of a change (which will reduce the dealer's target market and thus affect his business), and even then I will insist on a lower price because I've got the chance to squeeze the dealer coz of the 1-owner warranty matter.
8. In the Singapore business environment, such pressure will drive PIs out of business. As such, most of them do not have such a practice.
9. If a dealer turns around and attempts to pull such a stunt on you, he is merely asking you the following question : " are you stupid enough to fall for my bluff?" If that happens, do not think twice and immediately consult your nearest friendly attorney for suitable redress (which will include the costs of litigation too) and publicise the details on this and other fora to help inform and protect the public.
rgds,
Roberto
Last edited by a moderator:
dash
Well-Known Member
Re: PI dealer has the right to void warranty upon transfer of ownership??
Brobot u no need to worry.
I already checked for your coming RS5, there is additional warranty on the cigarette pods.
u can visit any workshop within ASEAN, the dealer will pay. SWEE!
However pls take note. in case of u deciding to change rims again, the warranty will be void, cos your RS5 comes with 22" forged rims; offset flushed to wheel arc.
they scared u luan luan change rims and affect the lifespan of the performance cigarette pods.
end OT.
Brobot u no need to worry.
I already checked for your coming RS5, there is additional warranty on the cigarette pods.
u can visit any workshop within ASEAN, the dealer will pay. SWEE!
However pls take note. in case of u deciding to change rims again, the warranty will be void, cos your RS5 comes with 22" forged rims; offset flushed to wheel arc.
they scared u luan luan change rims and affect the lifespan of the performance cigarette pods.
end OT.
Re: PI dealer has the right to void warranty upon transfer of ownership??
Question - if I buy a used car which is still under warranty (below 3 years or 100,000 km), but the authorised dealer has already voided the warranty for illegal mods on the first owner, what recourse do I have? He sold the car to me STOCK.
Bang table since car is still under warranty - at least that is my perception, not knowing that AD has voided the warranty?
Anyone think the AD have the obligations to "support" the new owner, even if the transaction is performed in the secondary market?
Or do I have myself to blame for not checking against the AD?
Question - if I buy a used car which is still under warranty (below 3 years or 100,000 km), but the authorised dealer has already voided the warranty for illegal mods on the first owner, what recourse do I have? He sold the car to me STOCK.
Bang table since car is still under warranty - at least that is my perception, not knowing that AD has voided the warranty?
Anyone think the AD have the obligations to "support" the new owner, even if the transaction is performed in the secondary market?
Or do I have myself to blame for not checking against the AD?
bmwmonster
Well-Known Member
Re: PI dealer has the right to void warranty upon transfer of ownership??
Get an attorney To help read the pages of text u signed. Than plan for the best approach, sue that joker for all the heck u could and have them make a public notice.
Most trusted PI will nOt risk their reputation. Unless they prepare to shut down soon.
Which is the PI again?????? Bold the name, write to ST. I am sure someone will address it. Just that I cannot confirm the reply is favorable. Again...get an attorney. It's their job.
Get an attorney To help read the pages of text u signed. Than plan for the best approach, sue that joker for all the heck u could and have them make a public notice.
Most trusted PI will nOt risk their reputation. Unless they prepare to shut down soon.
Which is the PI again?????? Bold the name, write to ST. I am sure someone will address it. Just that I cannot confirm the reply is favorable. Again...get an attorney. It's their job.
SpyVeilside
Well-Known Member
Re: PI dealer has the right to void warranty upon transfer of ownership??
This is exactly what i heard as well..
This is exactly what i heard as well..
kenntona;623898 said:
