jgohlke

Wondering if anybody had any advice. My sister bought a used 2013 Focus Titanium with 32k miles (factory warranty good to 36k) from Carlsbad Lincoln Ford in Carlsbad, NM (they are owned by the Kremlin Group). Test drive was good, but they just went around the block. After the deal was signed, they drove it on the highway and it was very jerky (auto transmission). They took it back and the dealership told them it had a bad transmission and they admitted they knew about it before they sold it to her. In theory, it's a "Ford Certified" used car with 4k miles left on the original factory warranty.

Googling around show lots of cars like this with bad trannys. Not just on the Focus line, but in other lines too.

My sister says the car is undriveable, so it's sitting at the dealership. She gave them cash down instead of a trade, so she is now driving her old car, but making payments on the new car.

The dealership initially promised the world, but 2 weeks later, they refused to unwind the deal and the Focus is still exactly where she parked it on their lot.

She's talked to a lawyer about suing them for fraud (he thinks he can win and she won't have to pay if they lose, if they win, Ford pays), but that is likely to take a while.

Any ideas? Anybody have any experience with this dealership?

Appreciate the help.

djfllmn

iTrader: (1)

first issue is buying a focus with that crap auto trans. the clutches are on backorder for 3 months

but anyways you could possibly get them for fraud IF there is a paper trail from the service dept. word of mouth wont get you anywhere. my first step would get ahold of ford's regional customer service rep and let them know about it. they could get the ball rolling

DerekL

Go talk the general manager, tell them you don't want the car and ask if they will refund the money because they already knew and shake hands and go your separate ways, if not get the service records in hand and tell them your lawyer will be in touch.

Ricktwuhk

She should contact the state attorney general. That failure to disclose constitutes fraud.

Dutchmanxtr

That dealership advertises 7 year power train warranty, 12 month comp warranty, 172 point inspection, best customer service, etc. etc.
If this happened in the first few days, I would demand my money back. Even pick another vehicle off the lot if there was something of interest. Being a large Ford dealership, I can't see why they would not do that.
Maybe she needs to talk to the GM or bring along a big brother to help communicate.

JLTD

Yup, I'd return the vehicle. Speak to a manager, not the flunkie that sold it to her, and TELL them, (DON'T ask) that she is returning it and needs the paperwork done or will get a lawyer. Maybe mention while holding up her cell phone that the conversations had with the salesman might have been recorded.

Does she have a witness that also heard the salesman say they knew the transmission was bad?

If all that fails, at the VERY least, Ford should make good on the warranty and replace the transmission for no cost to her.

soaringfalcon

iTrader: (1)

I know that will not help with the Fraud portion, but if she gets stuck with it, here are some FYIs.


For the Focus 2013, Ford has extended the PowerShift transmission warranty to 100k miles with $0 deductible. Ford Certified, come with an extended 1 Year/12k extention of the bumper to bumper warranty (that starts after the original 3/36 expires with some limitations), so anything else, that the dealership did not mention, should be covered as well.


PowerShift transmission takes a lot to get used to, it does not drive like an automatic no matter what Ford marketing department claims. It drives more like a manual being shifted by a 5 year old.
After four years, I am finally getting the hang of my Fiesta.


That said, I will never buy a car with a PowerShift transmission again.


Wishing your sister good luck!

jgohlke

Ford is offering to fix the car. The problem is the parts are on back order (maybe for many months) and in the meantime, she is stuck with her old car and her new car payment. The service manager knows about the situation and after some initial promises which weren't kept, isn't returning her calls.

She has talked with a lawyer and he is advising her to sue. He also told her to make the payments or it will hurt her credit.

She asked them to unwind the deal the very next day after she bought it and they said no. They are keeping her $3k that she put down and she is stuck with the car. She signed the contract. I think they wanted the car off their books.

Unfortunately she is New Mexico and I'm in Florida, so not very easy for me to do the big brother thing.

Appreciate the advice. Not sure what is going to happen next.