Mechanics and knowledgeable people
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I'm not a licensed mechanic...
I agree with the posts above. The airbox will not throw a CEL.
They should have checked for low fuel pressure, poor fuel quality and compression after knowing there are misfires.
Did you notice if the CEL was blinking or always on? If the CEL was blinking I believe that indicates a more severe condition where your catalytic converter will be damaged. So did it pass emissions?
Please correct me if I'm wrong.
Good luck!
Edit: Do you have the codes that the CEL put out?
I agree with the posts above. The airbox will not throw a CEL.
They should have checked for low fuel pressure, poor fuel quality and compression after knowing there are misfires.
Did you notice if the CEL was blinking or always on? If the CEL was blinking I believe that indicates a more severe condition where your catalytic converter will be damaged. So did it pass emissions?
Please correct me if I'm wrong.
Good luck!
Edit: Do you have the codes that the CEL put out?
Thread Starter
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From: Kelowna, BC
It's true.. There is no air care here.. But I do not think it passed a imported vehicle inspection before I bought it either. (it was a US import)... It does not have any DRL...?? Unfortuneately it does not say the code on the work order and there is no way to dig it up...
it was a constant cel.
it was a constant cel.
Joined: Oct 2009
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From: Ontario Canada
Originally Posted by chad86,Dec 10 2009, 05:57 PM
^^^Yah, thanks... I figure anything that I can help in my favor is a plus to bring to this case... I know a couple good mechanics that I will also ask about this question. Thanks for reading guys and as I say.. Keep them coming... I think everything helps..
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Joined: Sep 2007
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From: The 604
Originally Posted by chad86,Dec 10 2009, 06:38 PM
It's true.. There is no air care here.. But I do not think it passed a imported vehicle inspection before I bought it either. (it was a US import)... It does not have any DRL...?? Unfortuneately it does not say the code on the work order and there is no way to dig it up...
it was a constant cel.
it was a constant cel.
It must've passed the Federal Inspection & Provincial Inspection. You wouldn't have been able to insure the car if the car failed these two inspections.
Was there no evidence that the CEL was even on? If not, the dealer/CT could deny that it was ever on when they sold it to you.
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From: The 604
Originally Posted by JFUSION,Dec 10 2009, 05:38 PM
I say that you will most likely win your case, small claims court is not that difficult to prove your case, the dealer that sold you the car will most likely be found responsible for this IMO. I'm not a mechanic to give you an opinion but I've spent more time in small claims court than most lawyers. Pulling off a sheet from the internet will do nothing for you. Getting a sworn affidavit from a licensed mechanic will help you though, if you have to pay for one it is worth it's weight in court.
How did the car pass emmissions ? , that is a requirement of the sale, did the vehicle pass emmissions testing ?.
Dealer did not act in good faith, as they lied to you about the CEL. They had a standard of care when selling the car to you, and IMO they did not fullfill their obligations in fullfiilling that standard of care. They were in a position to know what was wrong with the car, you weren't, so you had to take their word on the CEL issue. You relied on their opinion and they did not do enough to support the vehicle report given to you.
If you have information to support the CEL being cylinder misfiring that would help to prove that the CEL was not related to the airbox theory.
You should try to find an expert who can attend the court with you, or at the very least give you a sworn affidavit of their opinion. Whatever it costs it will be worth it. You will get a few bucks for court costs if you win, not very much, but a bit to cover your expenses, so get as much information as you can. Do not rely on internet statements to defend your ass, they are totally useless and about as reliable as heresay.
Key words to support your case - The dealer had the standard of care, they had the duty of care to obtain the necessary information that you did not have access to. You relied on their expert opinion. They misrepresented the vehicle CEL stating with complete authority that it was an airbox malfunction. They are liable for letting you drive the vehicle away with malfunctioning spark plugs, and it was driven with the defect even before you purchased the vehicle. The vehicle was represented as being in driveable safe condition when it as sold to you, and it turns out that it was not in that condition.
good luck. Court cases such as this depend on what judge shows up the day of the trial, it's a crap shoot but one that you should win IMO, if you do things right. Prepare some questions to ask the defendants, so you can prove your case if you get a chance to question them on the stand.
Good luck.
How did the car pass emmissions ? , that is a requirement of the sale, did the vehicle pass emmissions testing ?.
Dealer did not act in good faith, as they lied to you about the CEL. They had a standard of care when selling the car to you, and IMO they did not fullfill their obligations in fullfiilling that standard of care. They were in a position to know what was wrong with the car, you weren't, so you had to take their word on the CEL issue. You relied on their opinion and they did not do enough to support the vehicle report given to you.
If you have information to support the CEL being cylinder misfiring that would help to prove that the CEL was not related to the airbox theory.
You should try to find an expert who can attend the court with you, or at the very least give you a sworn affidavit of their opinion. Whatever it costs it will be worth it. You will get a few bucks for court costs if you win, not very much, but a bit to cover your expenses, so get as much information as you can. Do not rely on internet statements to defend your ass, they are totally useless and about as reliable as heresay.
Key words to support your case - The dealer had the standard of care, they had the duty of care to obtain the necessary information that you did not have access to. You relied on their expert opinion. They misrepresented the vehicle CEL stating with complete authority that it was an airbox malfunction. They are liable for letting you drive the vehicle away with malfunctioning spark plugs, and it was driven with the defect even before you purchased the vehicle. The vehicle was represented as being in driveable safe condition when it as sold to you, and it turns out that it was not in that condition.
good luck. Court cases such as this depend on what judge shows up the day of the trial, it's a crap shoot but one that you should win IMO, if you do things right. Prepare some questions to ask the defendants, so you can prove your case if you get a chance to question them on the stand.
Good luck.
Thread Starter
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From: Kelowna, BC
Originally Posted by alSpeed2k,Dec 10 2009, 11:47 PM
Correct, Aircare is not required outside the lower mainland.
It must've passed the Federal Inspection & Provincial Inspection. You wouldn't have been able to insure the car if the car failed these two inspections.
Was there no evidence that the CEL was even on? If not, the dealer/CT could deny that it was ever on when they sold it to you.
It must've passed the Federal Inspection & Provincial Inspection. You wouldn't have been able to insure the car if the car failed these two inspections.
Was there no evidence that the CEL was even on? If not, the dealer/CT could deny that it was ever on when they sold it to you.
Joined: Sep 2007
Posts: 7,340
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Damn. taking an s2000 to Canadian Tire. I cant get over that. sorry to hear you learned your lesson on an S. I have had enough bullshit stories from their 'mechanics' back in the day.
Make sure EVERYTHING you have written down and documented. This will save your ass in court. they will also ask why you paid up for a new motor and are only now going after crappy tire.
So what codes did he pull? what do you mean redline? an over rev code?
Make sure EVERYTHING you have written down and documented. This will save your ass in court. they will also ask why you paid up for a new motor and are only now going after crappy tire.
So what codes did he pull? what do you mean redline? an over rev code?
