Hi, we are having a VERY difficult time with a Toronto dealer and Volvo Canada , and need a bit of advice from everyone. We bought a used 1995 960 sedan from Robert Motors, a certified Toronto Volvo dealership. At length they spoke of the mechanical surety and service benefits of buying a used Volvo from a Volvo dealership. Given their self proclaimed extensive knowledge of a car within the ‘Volvo family,’ they offered a 30-day warranty, which we accepted. We submitted a letter of offer, specifying that as a condition of the sale, the air conditioning and brakes be fully repaired.

Here is what happened: The front brakes needed new rotors and discs two weeks later, the air conditioning died after three months, the included snow tires were of 3 different sizes - two failed the tread tests and had to be replaced, there was no air guide, and the radiator exploded ten months later, coming very close to seriously damaging the engine. Also within the first year, the shifter brake
lock, rad fan, and PNP switch failed, among multiple other, smaller problems.

We have attempted resolution with Robert Motors service manager, general manager, and finally the owner of the dealership, who did not respond to our registered letter. Most recently we wrote to the president of Volvo Canada with a summary of the unfortunate events. Last week we showed the car to the Volvo Canada dealer rep, and told our story, with little result. For the most part we have been blown off.

The dealer offers nothing, even with our repeated attempts to reach resolution of our concerns, the letter of offer citing conditions of the sale, and the subsequent repair receipts. Volvo Canada suggests that because the dealer is an independent business, they will not help us. The issue is not about general repairs on a then five year old Volvo. Rather, it is about a certified Volvo dealer offering mechanical assurances that were not true. I might expect this sort of behaviour from a manufacturer of low-end cars, but not
the makers of luxury cars, not Volvo.

We need some precedents, help, and ideas on what to do. Please give us a hand and your thoughts! Thanks, Disillusioned and Disappointed 960 Owner

I have read your post and I agree they screwed you around. I know of several Canadian legal precedents that have nearly identical circumstances: a dealer promised something before the sale and it was not completed. I am amazed they are not willing to work with you on this, it will cost them considerably more to pay the court and other costs than it would have to work with you, which tells us a lot about the integrity of the dealer. It does not have to be itimised in the sales contract given your oral discussions and letter of offer. The precedents I am aware of reach the Superior Court of Ontario, but there are multiple in small claims and the General Division Courts. If you do your research, you should win.

I see both sides. If they simply sold you a used car and it later had problems that is unfortunate, but not their fault. However, if you clearly specified the a/c, rad leak, and brakes were to be fixed as a part of the sale, then they are clearly at fault. I would try to talk to them as it sounds like you have some good points.

Sorry to hear you had a lousy experience. Sounds like you specified the items to be repaired before the sale, and they did not do it properly. I am curious what did the dealer say when you presented your complaint and how could Volvo Canada support a nefarious dealer? Sounds like they're cutting off their nose to spite their face!

I am in complete agreement with you. It matters not a bit if the items tend to fail on your car, if you specifically mentioned these to the dealer to be repaired as part of the purchase. That's like saying most Volvos have black paint, so you should live with it, even if you had a legal agreement that the car was to be painted red. Good luck! Hope you win!

Not to be cold hearted or anything like that...BUT.....

1. You bought a used car with a 30 day warranty.

2. You got angry when the dealer did not feel any obligation beyond that 30 day warranty period. Have you volunteered to make extra payments to the dealer over and above what you agreed to when you bought the car? You did not do over and above what the contract required. Why should the dealer?????

3. "Here is what happened: The front brakes needed new rotors and discs two weeks later"

OK, the dealer should have done that. After all, it was within the 30 day warranty.

4. "the included snow tires were of 3 different sizes - two failed the tread tests and had to be replaced"

This is something that you are responsible to determine at the time of purchase of the vehicle. Make your purchase offer to the dealer accordingly. Don't complain about it later.

5. "there was no air guide"

I don't have one of those either. They are relatively inexpensive, though.

6. "the radiator exploded ten months later, coming very close to seriously damaging the engine"

You must remember that this is a 1995 model USED CAR. My radiator broke too. I bought a new one and got on with my life. It was no fault of the guy I bought the car from. The plastic gets brittle and breaks. Expecting the dealer to pay for this is grossly unreasonable.

7. "Also within the first year, the shifter brake
lock, rad fan, and PNP switch failed, among multiple other, smaller problems."

Again, no car is perfect. The 960 is a fairly sophisticated car mechanically, and is prone to having such items break. This does not mean it is a BAD car, just one that requires more out of its owner than, say, a Corolla. This is not an unreasonable trade off for the safety and comfort that a 960 provides. If you are not mechanically inclined or interested, perhaps you should sell the 960, lick your wounds and get the Corolla.

Hi, thanks for the post. I bought it as a five year old car. Notwithstanding that these problems may be common Volvo problems, the important point is that because the dealership made clear representations as to quality - in some detail - and asserted that the brakes, air, and coolant leak had been completely repiared prior to purchase, and because the letter of offer was a condition of sale, these supercede the 30 day warranty and become a part of the sales contract.

I am mechanically inclined, my father and his two brothers are all professional engineers in the automotive industry. I do most basic maintenance myself. Re the rad, there was a coolant leak, refrigerant (rf134A)leak, and the brakes were rough when I test drove the car. That's why I specified these items in the letter of offer, and paid express attention to these items. Problem is, the dealer topped up the fluids rather than pressure test the systems to find the cause of the leaks. The rad had a crack in the upper neck, which seeped vapour under pressure, and is what eventually blew. There was dye oozing out the three ports in the condensor, and I did not put any dye in. So yes, I noted each issue prior to purchase, asked and received confirmation that each had been fixed, only to find that a sloppy patch rather than repair had been implemented.

There is a duty of care, and fiduciary responsibility dealer to customer. This means that because of the expert skills to repair a car, if an express or implied promise is made to the mechanical soundnedss of the car, and if such items fail, they are to be held to improperly preparing the car at the time of sale. This is particularly if the items were to be repaired as a condition of the sale.

However, had they been accommodating when we approached them multiple times about the extent of the problems as we became aware of them, we would have been willing to work toward a compromise. Instead, by stonewalling a customer with very valid complaints, they aggravate the situation which leads toward escalation. Eventually, I expect we will have our concerns effectively addressed.

They should have honored all claims within the thrity-day warranty period. Outside, that, you are on your own. Cooling system, PNP transmission switch, and air conditioning troubles are known faults with these cars. See the 700/900FAQ for maintenance concerns. All told, this is NOT a "reliable" Volvo, is one of the worst cars for unexpected and costly repairs, and was a bad choice.

I would suggest contacting the media.
and also the APA in Toronto ( automodbile protection association )
perhaps even small claims court.
Silverman helps ( city tv )
Sean O'shea ( global tv )
Local Better Business Bureau

Firstly advise the dealership of your intentions ( copy of drafted letter and intended date of mailing failing timely response to resolve )

You must remove the emotion from the situation as this only escalates the problem.

This dealer needs to be brought into the new paradigm of customer service.
by exposing their lack of it , based on what I have read should get you help from above suggestions.

Please keep the avid brickboard readers apprised of your progress,
Good luck

I had a similar problem once of buying a "bad" car from a reputable high-end new car dealer. I just acted stupid at first, never being angry. Then I gave them the impression that I didn't want to bother with consulting my lawyer, and I just wanted to do us all a favor by settling it out of court. My advice to you: NEVER become angry with them, just act kind of stupid, give the dealer the impression that you still "trust them", and present yourself as if there is a lot more to be dealt with (court, lawyers, media, etc.) Non-chalantly state that your "lawyer told you this...and that..." blah blah blah, be friendly, and any dealer worth their salt will just give up and pay you out or settle without any further troubles. ALWAYS be polite, and be persistent, and you should get results. The dealer I bought the bad car from simply refunded all of my money for return of the used car, 1 week and 500 miles after the purchase. I bought the car "as-is" as well. This was all done through personal phone calls by the way.

Hi, thanks for the tips so far. Good advice. We have suggested that because we were promisd that the items would be fully repaired, and that we included them in a letter of offer, these supercede the 30 day warranty. During discussions with Robert Motors general manager, and Volvo Canada dealer rep, I made them aware that this will quickly escalate to Star Probe, Better Business bureau, Used Car Dealer's Association, etc. The general manager of the dealership was belligerent, and seemed to try to argue me into submission. The dealer rep acknowledged that "I have a very valid concern" but refused to help. Neither has responded when made aware of where this could go. How would I approach Silverman and O'Shea? Sounds interesting.

You can track them down via the links on both Global and city tv websites.
Good Luck