Can I sue my dealer for writing incorrect info on statement?

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Old 06-26-2013, 11:59 AM
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Can I sue my dealer for writing incorrect info on statement?

Hi everyone, here is my story.

I'm a happy owner of a 2008 Acura RDX. However it seems I got a bed dealer.

I went to do the regular oil change and inspection every three months. All in the Acura dealer's shop in my town.

Three months ago, that is in the end of Feb, that inspect shows me my brake is almost running off with front tire left for 4mm and rear brake left fo 2.5 mm, In the yellow and red zone. They suggest me change it, but I'm considering changing it with my new tire which will arrive in September. So I refused to change it.

Now here we come to the June inspect. Something magic happen here. My front brake recovered to 5mm, and my rear back to 6mm!

I mean, come on, it is BRAKES!! That's one of the most essential safety parts for driving a car. When a dealer written random number on your inspection statement, what kind of safety can a customer get?!

I wondering what should I do with this issue. Should I sue them? I already booked a appointment with the customer protection division this morning. Also my dealer offer me that they will do the inspection again and they are going to cover the cost of replace the brakes.

What should I do? Should I take the offer or I should just sue them and inform the newspaper that this is a dealer you dont want to go with?

Thank you!
Old 06-26-2013, 12:03 PM
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Old 06-26-2013, 12:15 PM
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#bitch-n-moan
Old 06-26-2013, 12:20 PM
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Well did you discuss this with the Service Manager? Maybe he/she wants to know ahead of time, wishes to run an honest shop and would be willing to fix it.

Why resort immediately to suing?
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Old 06-26-2013, 12:53 PM
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Originally Posted by Ken1997TL
Well did you discuss this with the Service Manager? Maybe he/she wants to know ahead of time, wishes to run an honest shop and would be willing to fix it.

Why resort immediately to suing?
Thank you for your reply.

I will say I'm a little emotional now, or really pissed off. This is not the first time I found there are some problem that on the inspection statement. However those statements before are not really heavy consider about the safety, sometimes the battery level jumps up and down, sometimes I found my tire become brand new. One thing I can be so sure is that my wash fluid, which should be refilled in every service, rans out in just a week.

However this time is BRAKES. I really really can't believe that a dealer, a big dealer in the town could treat their customer's rights in this way. A brake, last time told need to be replaced, and this time become almost brand new.

If I igrone this again, what happen if the brake really worn out when I'm driving on highway and needs a quick stop? That's mine and my family's life risk!

I do talk to their manager. They offer that I could drive back and do another inspection, if there needs to replace the brake, they will cover the cost. However, consider the situation, I don't dare to drive my car back to their shop to do any service now. I know this is a little bit over thinking, but I believe no one would let a people you already not trust to play around your vehicle.
Old 06-26-2013, 12:54 PM
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Why the hell would you sue when they are going to do the brakes for you?

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Old 06-26-2013, 01:02 PM
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Originally Posted by charliemike
Why the hell would you sue when they are going to do the brakes for you?

Because I'm scared.

This acura dealer is the only dealer of acura in my town. They also deal with brand like BMW and Nissan.

I know this may sounds no point. But I can't convience myself that let a dealer you already in bad relationship to do any service on the only car you and your family rely on. What if they do something I don't know. OK, I know you may say this is over thinking or narrow minded. But me and my wife will just get a baby, I can't risk anything for their safety.

I'm thinking ask them to buy the car back with a reasonable price, and never never meet them again. But I think they won't agree. So it seem go to court is the only option left for me if I want to get the my right back.
Old 06-26-2013, 01:10 PM
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Go to an independent shop. It's brakes for crying out loud. Not rocket science.

If you don't like/trust your Acura dealer, take your car and money somewhere else.

Really, kids.....it's not that hard.
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Old 06-26-2013, 01:11 PM
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You aren't Chinese; are you?
Old 06-26-2013, 01:21 PM
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Originally Posted by SolitarySky
...
This acura dealer is the only dealer of acura in my town. They also deal with brand like BMW and Nissan.

...


Should have bought a Toyota.
Old 06-26-2013, 01:40 PM
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Just sue them and get back to us with the result.
Old 06-26-2013, 01:50 PM
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Originally Posted by SolitarySky
But me and my wife will just get a baby, I can't risk anything for their safety.

I'm thinking ask them to buy the car back with a reasonable price, and never never meet them again. But I think they won't agree. So it seem go to court is the only option left for me if I want to get the my right back.
You have several rational choices-- suing and buybacks are not among the rational choices.

Rational choices:
A) You can learn to inspect the brakes, tires and basic maintenance items yourself. You can keep records and use a ruler to check remaining tire tread and brake pad depth, until you are comfortable not using a ruler, for example. All you need is a basic car maintenance and repair guide, like a Chilton's manual, along with your owner's manual. A shop manual for your vehicle would contain more in-depth information.
There are DIY (Do it yourself) threads for your RDX here on AZ at: https://acurazine.com/forums/1g-rdx-diy-faq-161/, although those may be more detailed than you need.

B) Find a good independent Honda or Acura mechanic-- use the Auto Club or Yelp. Most good independents will explain how they arrive at their diagnosis or conclusions, and what diagnostic tools they used.

C) Ask the manager to explain why the differences in measurements and to show you what is being measured. If the explanation is that they didn't actually do the measurements on any occasion or only looked at one set of pads, go somewhere else.

A lawsuit makes no sense because you have no actual damages, such as lost money or damaged property. Generally, a loss of your time is not considered a compensable damage in this scenario.

A buyback is unrealistic because any competent mechanic can replace your tires and brake pads quickly and easily-- brakes and tires are wear items, not defects in the vehicle.

G/L.

Originally Posted by Moog-Type-S
Go to an independent shop. It's brakes for crying out loud. Not rocket science.

If you don't like/trust your Acura dealer, take your car and money somewhere else.
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Old 06-26-2013, 02:14 PM
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See above.
Old 06-26-2013, 02:15 PM
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Because money
Old 06-26-2013, 02:39 PM
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Originally Posted by SolitarySky
Can I sue my dealer for writing incorrect info on statement?
You can sue anyone for anything. Does it mean you'll win or case will go before a judge? No.

Is this worth hiring a lawyer over?

Originally Posted by SolitarySky
I know this may sounds no point. But I can't convience myself that let a dealer you already in bad relationship to do any service on the only car you and your family rely on. What if they do something I don't know.
A perfect reason to (learn to) do maintenance work yourself. Pick up a Hayes, Chilton, or Acura shop manual.

Originally Posted by SolitarySky
I'm thinking ask them to buy the car back with a reasonable price, and never never meet them again. But I think they won't agree. So it seem go to court is the only option left for me if I want to get the my right back.
Your right? What right did they take away from you?

Maybe the tech that did inspection in Feb. got 4 mm and 2.5 mm from the inner pads and the tech that did inspection in June got 5 mm and 6 mm from the outer pads when checking. It's not uncommon for inner pads to wear quicker than outer pads. Let the dealer do another brake inspection to see what's wrong first before yelling "murder."

Last edited by AZuser; 06-26-2013 at 02:41 PM.
Old 06-26-2013, 03:16 PM
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Originally Posted by Moog-Type-S
Go to an independent shop. It's brakes for crying out loud. Not rocket science.

If you don't like/trust your Acura dealer, take your car and money somewhere else.

Really, kids.....it's not that hard.
Thanks for advice!

The only problem is that this is the only dealer of Acura in our town. I know I could do most service by myself or find some other shop. But for some other service's I'm not sure if it is good to do on a third party auto shop, like engin and some electrical stuff. May be that is because I'm a noob for the car's DIY?LOL
Old 06-26-2013, 03:24 PM
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Originally Posted by Will Y.
You have several rational choices-- suing and buybacks are not among the rational choices.

Rational choices:
A) You can learn to inspect the brakes, tires and basic maintenance items yourself. You can keep records and use a ruler to check remaining tire tread and brake pad depth, until you are comfortable not using a ruler, for example. All you need is a basic car maintenance and repair guide, like a Chilton's manual, along with your owner's manual. A shop manual for your vehicle would contain more in-depth information.
There are DIY (Do it yourself) threads for your RDX here on AZ at: https://acurazine.com/forums/forumdisplay.php?f=161, although those may be more detailed than you need.

B) Find a good independent Honda or Acura mechanic-- use the Auto Club or Yelp. Most good independents will explain how they arrive at their diagnosis or conclusions, and what diagnostic tools they used.

C) Ask the manager to explain why the differences in measurements and to show you what is being measured. If the explanation is that they didn't actually do the measurements on any occasion or only looked at one set of pads, go somewhere else.

A lawsuit makes no sense because you have no actual damages, such as lost money or damaged property. Generally, a loss of your time is not considered a compensable damage in this scenario.

A buyback is unrealistic because any competent mechanic can replace your tires and brake pads quickly and easily-- brakes and tires are wear items, not defects in the vehicle.

G/L.


Thanks for the detailed responds. I get your point, since I don't have any actual damage caused so even went to court there doesn't make too much difference.

I think I will consider let them change the brakes for me. And selling this car out. I'm sure they didn't doing the inspection, but just write down some random numbers on the statement to makes you 'feee' they did it.

The problem I didn't take it to other shop is that this is the only shop server Acura car in the town. So I may let other shops to do some easy work or by myself, like oil change. However if something serious happen, I still have to come back to them.
Old 06-26-2013, 03:25 PM
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Originally Posted by oo7spy
You aren't Chinese; are you?
Nop. Why?
Old 06-26-2013, 03:25 PM
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Originally Posted by Mr Marco


Should have bought a Toyota.
You got the point man!
Old 06-26-2013, 03:36 PM
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Originally Posted by AZuser
You can sue anyone for anything. Does it mean you'll win or case will go before a judge? No.

Is this worth hiring a lawyer over?



A perfect reason to (learn to) do maintenance work yourself. Pick up a Hayes, Chilton, or Acura shop manual.



Your right? What right did they take away from you?

Maybe the tech that did inspection in Feb. got 4 mm and 2.5 mm from the inner pads and the tech that did inspection in June got 5 mm and 6 mm from the outer pads when checking. It's not uncommon for inner pads to wear quicker than outer pads. Let the dealer do another brake inspection to see what's wrong first before yelling "murder."
You are right about the DIY. I will start to learn. The best way is to hold the skill in my own hands.

I did some research about related law after this happend. It seem in the Consumer Protection Act, this will be consider as a fail of work or service. In our province's websites, under Justice section, they state that:

If you are dissatisfied with the repair, discuss your concerns with the manager or shop owner. If your concerns remain unresolved, contact the Consumer Protection Division for further information concerning your consumer rights.

So I booked an appointment with the CPD's agent on tomorrow's morning. Not sure what will happened.

I know I may seemed a little bit crazy this time. I'm try to tell myself that this is not a big deal, just took the free service and ran away~ But it is really hard.

Say you purchased a very expensive luxury car from them, you do all the service from them in two years, and one day you find out they are actually kidding with your safety!
Old 06-26-2013, 03:45 PM
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It was likely a mistake. I wouldn't be in such a rush to sell the car because you're 'afraid' of the dealership. If anything they should be scared of you.

Now they know you called bullshit on something that doesn't sound right and will take proper precautions/measurements/statements the next time you return.

Maybe find the good in this and let them think that you are somewhat technically inclined when it comes to cars. Let them know you will question their integrity.
Old 06-26-2013, 03:50 PM
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Whatever money you would have stupidly pissed away on a a lawsuit

Do everyone a favor and spend it at a local college on some english lessons.
Old 06-26-2013, 03:53 PM
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Did you ever think they maybe, I dunno, god forbid, couldn't possibly happen....

MADE AN HONEST MISTAKE?

Sorry but you really sound like Chicken Little. Give them the benefit of the doubt, read up on basic repairs, become knowledgeable about your car and consider it a life lesson.

Throwing the baby out with the bath water really doesn't really seem necessary.
Old 06-26-2013, 05:00 PM
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Originally Posted by DynamicJ32
It was likely a mistake. I wouldn't be in such a rush to sell the car because you're 'afraid' of the dealership. If anything they should be scared of you.

Now they know you called bullshit on something that doesn't sound right and will take proper precautions/measurements/statements the next time you return.

Maybe find the good in this and let them think that you are somewhat technically inclined when it comes to cars. Let them know you will question their integrity.
I think I should post the statements here, so you will see it is really not a mistake, but really not doing the work at all.

All the statues is good, all the tire is on the best condition.(These tire has been used for three years and I just thinking to buy a new set.) All the need to check items has a check mark.

I don't want to do expose these dealers name now since I didn't know whether it is proper or not. So I do some mask on their name.

Please look at the difference about tire, brake and so on.


Feb's Statement:



June's Statement:

Attached Thumbnails Can I sue my dealer for writing incorrect info on statement?-feb.jpg   Can I sue my dealer for writing incorrect info on statement?-june.jpg  
Old 06-26-2013, 05:01 PM
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Originally Posted by Sarlacc
Whatever money you would have stupidly pissed away on a a lawsuit

Do everyone a favor and spend it at a local college on some english lessons.
Sorry for my horrible english writing skill.....
Old 06-26-2013, 05:04 PM
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Originally Posted by NSXNEXT
Did you ever think they maybe, I dunno, god forbid, couldn't possibly happen....

MADE AN HONEST MISTAKE?

Sorry but you really sound like Chicken Little. Give them the benefit of the doubt, read up on basic repairs, become knowledgeable about your car and consider it a life lesson.

Throwing the baby out with the bath water really doesn't really seem necessary.
I always do that. I have about 8 statements over the past two years, and there are always some honest mistake....just not as worse as this one. I did't say anything until this time.
Old 06-26-2013, 05:06 PM
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Originally Posted by DynamicJ32
It was likely a mistake. I wouldn't be in such a rush to sell the car because you're 'afraid' of the dealership. If anything they should be scared of you.

Now they know you called bullshit on something that doesn't sound right and will take proper precautions/measurements/statements the next time you return.

Maybe find the good in this and let them think that you are somewhat technically inclined when it comes to cars. Let them know you will question their integrity.
Also, Thank you for your support and kindly responds.
Old 06-26-2013, 05:27 PM
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You will run into the same thing almost wherever you go. Findings of those test are approximate and may be result of less than careful work. It's not an exact science so results will vary. I think you need a better understanding of business in general.
Old 06-26-2013, 05:30 PM
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Originally Posted by MR1
You will run into the same thing almost wherever you go. Findings of those test are approximate and may be result of less than careful work. It's not an exact science so results will vary. I think you need a better understanding of business in general.
So...Is that means we can do nothing about it?
Old 06-26-2013, 07:04 PM
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You really think the service guys at the dealership are busting out a micrometer to measure you brake pads?

It's all "eyeballed" it's an approximation.
Old 06-26-2013, 07:51 PM
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Originally Posted by SolitarySky

Three months ago, that is in the end of Feb, that inspect shows me my brake is almost running off with front tire left for 4mm and rear brake left fo 2.5 mm, In the yellow and red zone. They suggest me change it, but I'm considering changing it with my new tire which will arrive in September. So I refused to change it.

So the dealer inspected the brakes and suggested them to be changed due to wear, yet you decided to wait 7 months later to want it done?

By that logic, didnt you just put yourself in danger?
Old 06-26-2013, 08:28 PM
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Originally Posted by SolitarySky
So...Is that means we can do nothing about it?
You can develop a better understanding of how things work. Also, learn something about cars.
Old 06-26-2013, 08:31 PM
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Let them change your brakes and move on with your day. You're lucky they are doing that for you.

Also, I find it hard to believe that you have an Acura dealership in your town and ZERO other reputable mechanics...
Old 06-26-2013, 09:08 PM
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It would appear to me that the second inspection posted was done in a very poor manner. (That is just a guess though.) If you are concerned that an inspection is sub par, you should double check the work, either yourself or from another mechanic, and call the service manager with the wrong measurements. Most brake shops inspect your brakes for free.

Selling your Acura because of a bad dealer shop is about as haphazard a response as suing them for an inspection. It doesn't make since. You are right that you MAY have to take your car to the dealer for a major repair, but the odds are better that your car will never need to see a dealer.

As for the Chinese statement, I was under the impression that China has the only culture that sues more quickly and successfully than the US. That coupled with your poor English led to a bad assumption.
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Old 06-26-2013, 09:57 PM
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Originally Posted by oo7spy
As for the Chinese statement, I was under the impression that China has the only culture that sues more quickly and successfully than the US.


The U.S. has the honor of being the most sue-happy. And the #s go up every year.

Cheering for Tort Reform

September 03, 2003

America has become the most litigious nation in the world, by virtually any measure. According to the National Center for State Courts, 15 million civil cases are filed annually in the United States. The American civil justice system is the most expensive in the world, with costs running more than twice that of other industrialized nations. Yet despite the high costs of the system, it provides a poor return on the dollar—only 20 cents of each dollar goes to compensation for economic damages.

Sadly, these statistics are little to brag about. By conservative estimates, the direct costs of the mushrooming legal profession are roughly $180 billion annually or almost 1.8 percent of GDP. These measures refer only to the direct costs of the legal system, and do not include other consumer costs, such as higher prices for the goods and services they consume, as well as the reduced availability of goods and services that are taken off the market for fear of lawsuits.

http://www.freedomworks.org/publicat...or-tort-reform


More Money Into Bad Suits

November 16, 2010

The United States is already the most litigious society in the world. We spend about 2.2 percent of gross domestic product, roughly $310 billion a year, or about $1,000 for each person in the country on tort litigation, much higher than any other country. This includes the costs of tort litigation and damages paid to victims. About half of this total is for transactions costs -- mostly legal fees.

Several factors help explain the amount of litigation in the U.S. Most countries do not allow contingent fees (where lawyers are paid only if they win from the proceeds of the lawsuit). Allowing contingent fees increases the number of suits. In most of the world a losing party is sometimes responsible for the legal costs of the winning party; this is not true in the U.S., so lawyers here are willing to bring more risky cases. The American system is also much friendlier to group litigation (such as class actions) than is the rest of the world.

http://www.nytimes.com/roomfordebate...into-bad-suits


And the U.S. sues for the most stupid reasons too.

The 10 most 'ridiculous' lawsuits of 2012

• An intoxicated Florida driver pleads guilty to manslaughter, then sues the victim.

• A Michigan woman files a $5 million suit for the leftover gas still in her repossessed car.

• A 13-year-old Little Leaguer is sued by spectator who got hit with a baseball.

• A maximum-security inmate who went to jail with five teeth sues the prison for dental problems.

• Anheuser-Busch is sued when a long-neck bottle is used as a weapon in a bar fight.

• A National Football League fan sues the Dallas Cowboys over a hot bench.

• A California restaurateur is sued for disabilities act violations in a parking lot he doesn’t own.

• A Colorado man wins $7 million blaming his illness on inhaling microwave popcorn fumes.

• A $1.7 billion suit claims the city of Santa Monica, Calif.’s wireless parking meters cause health problems.

• San Francisco Bay Area parents sue a school after their son was kicked out of an honors class for cheating.

http://www.washingtontimes.com/blog/...lawsuits-2012/

The 10 Most Ridiculous Lawsuits of 2011

• Convict sues couple he kidnapped for not helping him evade police

• Man illegally brings gun into bar, gets injured in a fight, then sues bar for not searching him for a weapon

• Young adults sue mother for sending cards without gifts and playing favorites

• Woman disagrees with store over 80-cent refund, sues for $5 million

• Mom files suit against exclusive preschool over child's college prospects

• Man suing for age discrimination says judge in his case is too old

• Obese man sues burger joint over tight squeeze in booths

• Woman sues over movie trailer; says not enough driving in "Drive"

• Passenger's lawsuit says cruise ship went too fast and swayed from side to side

• Mother sues Chuck E. Cheese – says games encourage gambling in children

http://www.businessnewsdaily.com/184...uits-2011.html

The Most Ridiculous Lawsuit of 2013

• Acura owner sues dealer because service tech got brake pad thickness wrong and made owner feel unsafe and owner wanted to get his right back

Last edited by AZuser; 06-26-2013 at 10:07 PM.
Old 06-26-2013, 10:03 PM
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Originally Posted by Moog-Type-S
You really think the service guys at the dealership are busting out a micrometer to measure you brake pads?

It's all "eyeballed" it's an approximation.
I understand that errors or mistakes or shoddy work will happen all the times.

However, with all respect, I don't think this is a reason that I or anyone should tolerate such behavior.

Well, I can't quite say that since I tolerate many many times before. Sometimes for a car, sometimes bought fake or damaged power tools from shop. I will just say, OK, that is not a big deal, just forget about it.

But not this time. Just in 3 months, right under my eyes, they give me a report that clearly wrong.

If you think brakes may due to different measure methods, please take a look at tire section. That will clearly show those numbers are just for fooling the customer.

I may be a fool about cars, but I still know that a tire or a brake won't grow up themselves.

And I believe no one is willing to be treated like a this.
Old 06-26-2013, 10:10 PM
  #37  
Cruisin'
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Originally Posted by SwervinCL
Let them change your brakes and move on with your day. You're lucky they are doing that for you.

Also, I find it hard to believe that you have an Acura dealership in your town and ZERO other reputable mechanics...
Thank you for your advice. I will think about it. I think I may take the offer, but I will go to a Customer Protection Agent first. This is also a very good chance to learn what can I do if this kind of stuff happend again. (Which I pretty sure it will).

About the reputable mechanics, this is my bad. Since I really not knowing many about car. So for a car like Acura, I always took it to dealer for services. Which makes me feel better. I know this may looks stupid to some of you, but trust me, most of drives are as same as me.

I will do some research based on your suggestion, try to find a good auto shop in the town.
Old 06-26-2013, 10:12 PM
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Originally Posted by oo7spy
It would appear to me that the second inspection posted was done in a very poor manner. (That is just a guess though.) If you are concerned that an inspection is sub par, you should double check the work, either yourself or from another mechanic, and call the service manager with the wrong measurements. Most brake shops inspect your brakes for free.

Selling your Acura because of a bad dealer shop is about as haphazard a response as suing them for an inspection. It doesn't make since. You are right that you MAY have to take your car to the dealer for a major repair, but the odds are better that your car will never need to see a dealer.

As for the Chinese statement, I was under the impression that China has the only culture that sues more quickly and successfully than the US. That coupled with your poor English led to a bad assumption.
Thanks. You are right about whether to selling the car. I will think about it again.
Old 06-26-2013, 10:41 PM
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So when they say you need to change the brakes, you don't do it. When you come back half a year later and they say the brakes are OK, you "don't feel safe?"

Wow. Your parents should sue your doctor, because he/she must have dropped you on your head when you were a baby.
Old 06-26-2013, 10:50 PM
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Dude, find the best aka most expensive lawyer you can and own that dealership, you and your family's safety deserve it!

[Mod edit]Something really inappropriate was posted here and this member may have to go sit in a corner for a while[end]

Last warning!!!

Last edited by NSXNEXT; 06-27-2013 at 10:17 AM.


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