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Opting out of recall?

Jonny44

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We do the recalls on used cars just to absolve any liability, but it isn't required. I just checked NHTSA and couldn't find any rules along those lines. It only applies to new cars.
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YOBY

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I'm just saying that we live in a litigious society, and any lawyer will go where his client takes him. If your car burns up and causes injury or death and you knowingly ignore a recall that may have been the cause, it could be you with the liability.

Ford Pinto recall was in '77 or '78. Would you ignore the recall on your '72 Pinto with what was happening to them? I doubt it.
But FORD knew it in 73 and hide the defect because management thought a redesign to expensive.
Bottom line over customer safety.
 

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We do the recalls on used cars just to absolve any liability, but it isn't required. I just checked NHTSA and couldn't find any rules along those lines. It only applies to new cars.
Individual states may have different laws. In NY a licensed dealer has to notify on used sale if there's any recalls open. There's also a notice on the annual inspection receipt. I believe NYC mandates that open recall repairs must actually be completed. The latter can be a tricky one depending on the recall. A lot of used vehicles that simply can't be resold due to the Takata airbags and replacement parts not being available. A former coworker is now a State Police mechanic and they have a bunch of their Taurus interceptors they can't auction because they're all waiting for the toe-link recall which is some 2 years old now.
 

DryHeat

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Attached to every recall notice I receive. It applies to any car (new or used) we sell. Don't assume that because you are not a reseller it may not apply. In my opinion, they would still have to prove that you knew about the recall, but I personally wouldn't want the liability if they could.
Ford Maverick Opting out of recall? recall-jpg
I'm not assuming. I'm just reading the plain text.

First, the law does not apply to sales of used cars. A bill was introduced in May to change that, but it may or may not pass. It's been introduced before and never gotten the votes.
New Law Would Ban Selling Used Cars With Open Recalls | GetJerry.com

Second, the federal law you are talking about applies to retailers, not consumers. ("It is a violation of federal law for a retailer to deliver....") It couldn't be any clearer.

Your post said that consumers can't sell a vehicle with a known open recall because "Fines are steep and federally regulated." That's just wrong.

The question of civil liability for a consumer seller is different and I really don't know how it would turn out. You can argue that with @YOBY (see below)

Is it in violation of Federal Law to sell a vehicle with a known manufacturer defect that can kill you with shrapnel or burn you alive? What is the civil penalty for the current failure of the Escape and has FORD paid the fine? Can you say FORD PINTO?
No, it's not a violation of Federal Law for a consumer to sell a used vehicle with a known manufacturer's defect. Unless the new law mentioned above passes, I don't even think it's a violation for a dealer to do so.

And no, I haven't heard of any civil penalty (or fine) being imposed (or threatened) for the crankshaft defect in the Escape. Has that happened? Under what law was it imposed? Do you have a link?

I think you are confusing civil liability in a personal injury (or property damage) case with federal regulatory laws. They are not the same thing.
 

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Have fun suing Ford. Post warranty when the crankshaft fails and you didn’t do the recall. You will not have a leg to stand on. I differ with many on this forum since I believe that car manufacturers want you to buy more cars so customer satisfaction is important. Two examples -

my 2018 Escape - the paint started peeling around the front window (peeling not perforation) and the Escape was out of warranty - they paid a local body shop $759.00 for the repair - my cost nothing.

my 2009 Lexus ES-350. Ten (10) years out of warranty and the dashboard was melting (warped) from heat. They replaced the dashboard with a new one. I was told the cost from dealer back to Lexus was $4,000 plus a loaner for a week - my cost nothing.

Ford is not trying to rip us off, get us killed or any other BS. They want you back to buy another and since my 2018 was fixed i bought two other new Fords including my Maverick.
 
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AnthonyMav

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Just get the work done on your next oil change visit. Mpg won’t be affected by two shutters. You won’t notice a difference in anything
 

V2WIN

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The recall is not for a crankshaft fix. It is for a potential fire caused by a crankshaft /engine failure.
The recall should be for the crankshaft fix, the cause of the fire. Ford has refused to fix the real problem and they are still legally responsible for any adverse occurrences that occur.

Butchering the pan is not a fix for anything. It's just a band aid on a much larger problem at FORD.
I don't think Ford should expect those of us with substandard machining to accept possible engine failure. Our trucks cost just as much as the ones built after the crankshaft problem was fixed. I bought what I thought was a quality built product, only to be told, We knowingly installed poor quality parts in your new vehicle, but not to worry about being stuck somewhere with crying kids heavy traffic etc. We'll repair it if it blows.
 

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Have fun suing Ford. Post warranty when the crankshaft fails and you didn’t do the recall. You will not have a leg to stand on. I differ with many on this forum since I believe that car manufacturers want you to buy more cars so customer satisfaction is important. Two examples -

my 2018 Escape - the paint started peeling around the front window (peeling not perforation) and the Escape was out of warranty - they paid a local body shop $759.00 for the repair - my cost nothing.

my 2009 Lexus ES-350. Ten (10) years out of warranty and the dashboard was melting (warped) from heat. They replaced the dashboard with a new one. I was told the cost from dealer back to Lexus was $4,000 plus a loaner for a week - my cost nothing.

Ford is not trying to rip us off, get us killed or any other BS. They want you back to buy another and since my 2018 was fixed i bought two other new Fords including my Maverick.
This is not a paint peel or dashboard melt. This is a Human peel and melt and suing FORD is exactly what will happen if a Human being is injured. Tell me how drilling holes in the pan is going to prevent a crankcase failure. This same manufacturer allowed 27 people (documented) to fry in their cars from a defect they hide from 73 to 78. They won't be return customers.

EDIT: After thinking about the brake problem, the fix may be as simple as drilling holes in the Brake rotors. :)
 
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Jonny44

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I'm not assuming. I'm just reading the plain text.

First, the law does not apply to sales of used cars. A bill was introduced in May to change that, but it may or may not pass. It's been introduced before and never gotten the votes.
New Law Would Ban Selling Used Cars With Open Recalls | GetJerry.com

Second, the federal law you are talking about applies to retailers, not consumers. ("It is a violation of federal law for a retailer to deliver....") It couldn't be any clearer.

Your post said that consumers can't sell a vehicle with a known open recall because "Fines are steep and federally regulated." That's just wrong.

The question of civil liability for a consumer seller is different and I really don't know how it would turn out. You can argue that with @YOBY (see below)


No, it's not a violation of Federal Law for a consumer to sell a used vehicle with a known manufacturer's defect. Unless the new law mentioned above passes, I don't even think it's a violation for a dealer to do so.

And no, I haven't heard of any civil penalty (or fine) being imposed (or threatened) for the crankshaft defect in the Escape. Has that happened? Under what law was it imposed? Do you have a link?

I think you are confusing civil liability in a personal injury (or property damage) case with federal regulatory laws. They are not the same thing.
You're right. I misspoke on the used cars. Like I said, we do it here just to clear any liability. If there's any chance a lawyer can make $, they'll try. Best to not give them the chance.
 
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OP

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Is it in violation of Federal Law to sell a vehicle with a known manufacturer defect that can kill you with shrapnel or burn you alive? What is the civil penalty for the current failure of the Escape and has FORD paid the fine? Can you say FORD PINTO?
I am unaware of anyone being killed by “shrapnel “ from a private street legal automobile
 
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YOBY

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I am unaware of anyone being killed by “shrapnel “ from a private street legal automobile
Google airbag defects
 

DryHeat

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Tell me how drilling holes in the pan is going to prevent a crankcase failure.
That's like asking, "How is a net under the acrobats going to prevent them from slipping off the trapeze?"

The purpose of the recall is to lessen the chances of an under-hood fire in case of a block or oil pan breach. Not to prevent a breach from happening.

I'm not sure anything any manufacturer can reasonably do would completely prevent all possible block or oil pan breaches from any cause whatsoever. So they want to reduce the fire hazard.
 

YOBY

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That's like asking, "How is a net under the acrobats going to prevent them from slipping off the trapeze?"

The purpose of the recall is to lessen the chances of an under-hood fire in case of a block or oil pan breach. Not to prevent a breach from happening.

I'm not sure anything any manufacturer can reasonably do would completely prevent all possible block or oil pan breaches from any cause whatsoever. So they want to reduce the fire hazard.
Wasn't that threat there 30 years ago, and FORD still sealed the engine compartment. Not one designer or engineer spoke up and said what will happen if we have a breach and oil and gas spill into the pan. Your argument is the designers and engineers are not very smart since they didn't have the for site to figure how to prevent a fire under the hood. :)
 

DryHeat

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Wasn't that threat there 30 years ago, and FORD still sealed the engine compartment. Not one designer or engineer spoke up and said what will happen if we have a breach and oil and gas spill into the pan. Your argument is the designers and engineers are not very smart since they didn't have the for site to figure how to prevent a fire under the hood. :)
I'm not sure what your post is about.

It sounds like you now understand that the recall is intended to lessen the fire hazard, not fix the "manufacturing issue." That's progress of a sort.

But now you are shifting to whether Ford should have foreseen this, or whether its engineers did foresee it and didn't speak up, or whether its engineers are stupid. Have fun with that, but I'm out.

(BTW, "Ford engineers are not very smart" is not my argument. Every manufacturer has recalls. Their engineers are smart, but everybody makes mistakes.)
 

YOBY

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I'm not sure what your post is about.

It sounds like you now understand that the recall is intended to lessen the fire hazard, not fix the "manufacturing issue." That's progress of a sort.

But now you are shifting to whether Ford should have foreseen this, or whether its engineers did foresee it and didn't speak up, or whether its engineers are stupid. Have fun with that, but I'm out.

(BTW, "Ford engineers are not very smart" is not my argument. Every manufacturer has recalls. Their engineers are smart, but everybody makes mistakes.)
Dryheat,
I have no problem with what your saying. My issue is with a Company that consistantly make mistakes.

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