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Dealerships and fraud

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Old 05-05-2014 | 05:08 PM
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Ber1n's Avatar
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Dealerships and fraud

I have an odd question..
I read countless threads where people have obvious compression issues, and the dealer basically replaces 1,000$+ worth of parts before addressing the actual problem.
I think, I'n most cases, they are aware of the actual problem because I've had a similar experience with my first car through a Pos mechanic down the street.

Granted this may not be true I'n every situation, I think are a lot of money grubbing scumbag loser mechanics willing to take advantage of people and through my one and only experience with them and through experiences of friends and family, it seems when they knowingly replace a functional part or parts before addressing the problem, they are committing fraud, I'n my opinion. I was wondering why I'n the blue hell they are able to get away with this on such a large scale?
Old 05-05-2014 | 05:12 PM
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Because people (largely) do not know anything about their car, or want to know. Dishonest mechanics take advantage of this to fleese people for money.

It's the same with any other specialized service. The less the customer knows about what needs servicing / repairing, the more costly it's going to be, and the more likely they are to get ripped off by someone banking on their ignorance. Automotive repairs are just one of the few areas, but one that nearly everyone has some level of involvement with.
Old 05-05-2014 | 05:25 PM
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I would almost think there would be some regulation passed to deal with this because the money people get screwed out off isn't petty change. When this happened to me, I was only screwed out of $300, but people here have paid two, three, or five times more until they actually addressed the issue which they probably knew to start off with, and if they didn't, they shouldn't be touching the car.
Old 05-05-2014 | 05:40 PM
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There is a regulation. It's called Theft by Deception.

This is the first legal text that showed up in a google search, and is from Kentucky, but every state has a law like it on the books: (Bold is my highlighting, and are the points involved here)
514.040������Theft by deception.
(1) A person is guilty of theft by deception when the person obtains property or
services of another by deception with intent to deprive the person thereof. A
person deceives when the person intentionally:
(a) Creates or reinforces a false impression, including false impressions as to
law, value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment
of a transaction;
(c) Fails to correct a false impression which the deceiver previously created
or reinforced or which the deceiver knows to be influencing another to
whom the person stands in a fiduciary or confidential relationship;

(d) Fails to disclose a known lien, adverse claim, or other legal impediment to
the enjoyment of property which the person transfers or encumbers in
consideration for the property obtained, whether the impediment is or is
not valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of money,
knowing that it will not be honored by the drawee.
The difficulty is of course proving that intent enough to file charges... Honest mistakes, or even mistakes out of sheer incompetence, aren't typically considered theft, since there was no intent to deprive. It's the easy refuge of the person that does intend, since it's hard to prove that their claimed ignorance or incompetence really isn't true.

Especially since any judge / jury that would be ruling on the matter is almost certainly also going to be car-dumb.
Old 05-05-2014 | 06:00 PM
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Interesting. That's very useful. I was never fully aware but figured you could take them to court out of fraud and common sense. And, I would think that even though, I'n some cases, they may not be truly ripping you off, it still falls on them.

When you pay a mechanic for a diagnostic and afterwards, the repair, you're ultimately paying them to perform two services competently, to identify and repair. You've done your part and he/she needs to do his, and long story short, I think you should be entitled to your money if they do not repair the original complaint because that's what you're paying for.
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