My question involves a consumer law issue in the State of: Cobb County, Georgia
Just got the transmission flushed at the dealer on Wednesday and took a drive to Atlanta Motor Speedway for the Dodge Ram Challenge about a 2 hour trip. On the way back I noticed a ATF smell. When I hot home the transmission was making a wining noise and dripping fluid at a pretty good steady rate. There is a puddle of ATF the size of a small coffee table in the parking lot. I hope that they didn't put the hose clamps on right but I can't tell because it's dark. Well I dropped it off at the Toyota Dealer who did the flush Sunday night. First this this morning I called and spoke to my service adviser. He apologized ad said it would be the first car in the shop at 8:00 a.m. At 10:45 a.m. he called me and said that the pump in the transmission and broke the seal where the trany meets the torque converter and the seal was welded and could not be replaced. And the service guy said that the dealer was not liable for the problem because the flush would not harm it. I called my local Lexus dealer and they told me if you put too much ATF in the trany it would cause the pump to bust the seal and Toyota was liable. They called my warranty people "GE Capitol" and told them. The warranty people said it was covered but for the amount of cost to fix it they were going to send and adjuster to look at the car. I was irate... This should not have happened. So I called Lexus consumer hot line and told the the whole story. They put in a request for an adjuster to call me in two days and that they might also come look at the car. So for right now they have me in a 08' 4-Runner for a couple of days at no cost. So, the dealer "Marietta Toyota" calls me today and says that my warranty company inspector came by and took a bunch of pictures. Later he called and said that my warranty company denied the claim because of "Aftermarket Performance Modifications" I called the warranty company which happens to be "GE Money Warranty Services"/"GE Capitol Management Corporation" and they told me that on page 3 of my contract it clearly states that any aftermarket/performance/off-road modifications made to the car automatically voids warranty. That's funny I said because when I bought the car the only thing the dealer gave me was a GE brochure, a yellow paper with my GAP ins. info and one white copy of my warranty terms. GE stated that the contract paper is 3 pages and that there was nothing that I could do or dispute and to take it up with the dealer I bought the car from. The only thing that GE would do is refund the remaining balance pro-rated of what the warranty cost and refund it back to my financial company. So, I called the dealer where I bought the car "Atlanta Used Cars Center, Inc." and spoke to a ?manager? who gave me his name and number and said he would look into it with the finance department in to why I didn't get the full warranty contract and call me back tomorrow. I would have left my car stock if I knew it would void the warranty. So the service guy I'm dealing with said that they would cut me a deal. You over filled my trany and the pump blew the seal out. Not my problem. And I told him that 2 Nalley Lexus service advisers both told me that was the case. I called Clark Howard hot line who is a consumer advocate in GA and talked to a volunteer who told me that if Lexus puts in writing that the Toyota dealer was at fault that the Toyota dealer was obligated to fix it at no cost. But when I called the Lexus National Assistance the lady told me that that statement may or may not be true. Well it looks like I'm buying a new transmission with the money I don't have. Lexus denied my claim of "Good Will" on replacing my transmission because I had the service done at the Toyota dealer. And Toyota also denied the same claim because my car is a Lexus, not a Toyota. An attorney told me that I couldn't file a lawsuit against GE Money Warranty Services because the clause in the contract that says that any modification done to alter the stock ride high of the car denies claims. My last resort was to file a complaint against Marietta Toyota through the BBB. Who knows how long that will take and if anything will happen from it. Lexus gave me a new IS250 for a loaner though. Lexus said the transmission was damaged and needed to be replaced but could not give a reason it broke. The Lexus dealer informed me today that Lexus Corporate would split the cost of the transmission with me but I would also have to pay labor. Total for the fix is $2600. The BBB has not got back to me yet and I'm wondering if I should sue Marietta Toyota for the $2600 to have Lexus six it.. Any suggestions?