Think I blew up my front diff

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Turbogoat324

Turbogoat324

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There is a lot of advice and recommendations floating around in this thread and I'd like to clear things up if I can based on my experience in the automotive industry. For the record, lawyers are not your friend. This is especially true with "lemon law" lawyers; they rack up billable hours, collect their money from the manufacturer, and leave the customer with no vehicle and bunch of attorney bills. When they say lawyers are the scum of the earth, it's true. Car salesman can't hold a candle to trial lawyers.

Let's start with the basics:

1. Was the vehicle purchased new, or used? I believe you mentioned it wasn't CPO, so I'm guessing it was used, but I want to confirm. If you bought the vehicle used, CPO or otherwise, it doesn't qualify for a manufacturer lemon law or "buyback" unless the party buying it back is the one you purchased it from. If the manufacturer didn't sell you the vehicle, they are not obligated to buy it back from you (understandably).

2. Did the addition of the aftermarket front shocks change your front ride height? If they did, that can be directly attributed to the differential mount failure due to the change in driveline (axle) angles. If not, there is no grounds for the dealer to claim the failure is non-warrantable.

3. It was mentioned that the dealer couldn't perform the work without prior approval from Ford Corporate due to the cost. That is completely false. Only certain components require prior approval; most are cosmetic related. If the front diff cracked from a manufacturing defect and no impact damage is evident, the dealer is fully empowered to make the repair regardless of the part and labor cost.

4. All dealerships are franchises (unfortunately). The dealership dictates the order in which vehicles are repaired, the dealership determines what is warrantable (unless it is escalated to a field rep), and the dealership is ultimately responsible for customer satisfaction, including providing a loaner. Nobody that buys a new vehicle, or any vehicle for that matter, deserves to be treated by a dealer in the manner that I've been reading in this thread.

It sounds to me like the dealership service department is mismanaged, overwhelmed, and buried with work they can't finish and they're looking for any excuse to not take on additional customers and workload. If you do come to the point of consulting legal advice, go after the dealer for failure to honor the warranty, especially if you bought it used from them. These dealers are making tens of millions a year without expanding their service operations or providing any customer service because they can get away with it. It's despicable.

I appreciate the response. I did buy used from a Ford dealer but not this one. Also how may I ask did the shocks (Fox 3.0 out of the box height) affect the diff housing? The CV joint bearings/plungers are made to flex and accommodate articulation through the suspension travel. Like I said if a boot ripped I would understand, but saying that the axle, ring and pinion and spider gears In the diff are fine and only the housing cracked doesn’t seem right to me.
 
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Turbogoat324

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OK I just got a call from the dealer saying that they actually haven’t made a final decision. I’m so confused by this. They keep telling me one thing and then calling back and saying another. They said the bolts on the deaf mounts They said the bolts on the disc mounts were clearly we’re rounded and hit a rock. I don’t see how that is possible going up a flat dirt road and due to the fact that the skid plate coveI don’t see how that is possible going up a flat dirt road and due to the fact that the skid plates cover it?
 

smurfslayer

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There is a lot of advice and recommendations floating around in this thread and I'd like to clear things up if I can based on my experience in the automotive industry. For the record, lawyers are not your friend. This is especially true with "lemon law" lawyers; they rack up billable hours, collect their money from the manufacturer, and leave the customer with no vehicle and bunch of attorney bills. When they say lawyers are the scum of the earth, it's true. Car salesman can't hold a candle to trial lawyers.

Let's start with the basics:

1. Was the vehicle purchased new, or used? I believe you mentioned it wasn't CPO, so I'm guessing it was used, but I want to confirm. If you bought the vehicle used, CPO or otherwise, it doesn't qualify for a manufacturer lemon law or "buyback" unless the party buying it back is the one you purchased it from. If the manufacturer didn't sell you the vehicle, they are not obligated to buy it back from you (understandably).

2. Did the addition of the aftermarket front shocks change your front ride height? If they did, that can be directly attributed to the differential mount failure due to the change in driveline (axle) angles. If not, there is no grounds for the dealer to claim the failure is non-warrantable.

3. It was mentioned that the dealer couldn't perform the work without prior approval from Ford Corporate due to the cost. That is completely false. Only certain components require prior approval; most are cosmetic related. If the front diff cracked from a manufacturing defect and no impact damage is evident, the dealer is fully empowered to make the repair regardless of the part and labor cost.

4. All dealerships are franchises (unfortunately). The dealership dictates the order in which vehicles are repaired, the dealership determines what is warrantable (unless it is escalated to a field rep), and the dealership is ultimately responsible for customer satisfaction, including providing a loaner. Nobody that buys a new vehicle, or any vehicle for that matter, deserves to be treated by a dealer in the manner that I've been reading in this thread.

It sounds to me like the dealership service department is mismanaged, overwhelmed, and buried with work they can't finish and they're looking for any excuse to not take on additional customers and workload. If you do come to the point of consulting legal advice, go after the dealer for failure to honor the warranty, especially if you bought it used from them. These dealers are making tens of millions a year without expanding their service operations or providing any customer service because they can get away with it. It's despicable.

I can only partially disagree with the opening preamble. it is true, you can’t be friends with a lawyer... for long. That said, there wouldn’t be lemon law lawyers if the big 3, plus some now defunct manufacturers were producing $hit products and refusing to stand behind them, leaving consumers holding the bag. The UAW and surviving auto manufacturers brought this on themselves with wholly insufficient QA, absolutely atrocious customer service as typified by the facts alleged in this post and stupidly and steadfastly doubling down on stupid, again, as manifested by the facts alleged in this thread. You may not like lemon law lawyers, but I know for a fact that they damn well serve a useful purpose in society, so long as GM, Ford, Chrysler are in business. Honorable mention to Nissan, Alfa Romeo, bmw, and I’m sure I’m forgetting a few. Hell, I’ve heard Toyota can be pretty asinine too but only 2nd hand.

On point 1: The manufacturer’s bumper to bumper and powertrain warranty are fully transferrable, and while there may be an implication for a state lemon law suit as a result of purchasing used, that’s actually not at issue here. This wouldn’t be a lemon law suit, it would be -potentially- a suit against Ford for failing to honor the terms of their warranty.

I agree with everything else quoted, including point 2.
 
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Turbogoat324

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I did not know you could go after the dealer. I always thought they just represented the manufacturer. That’s good to know. I appreciate everyone’s advice.
 

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I can only partially disagree with the opening preamble. it is true, you can’t be friends with a lawyer... for long. That said, there wouldn’t be lemon law lawyers if the big 3, plus some now defunct manufacturers were producing $hit products and refusing to stand behind them, leaving consumers holding the bag. The UAW and surviving auto manufacturers brought this on themselves with wholly insufficient QA, absolutely atrocious customer service as typified by the facts alleged in this post and stupidly and steadfastly doubling down on stupid, again, as manifested by the facts alleged in this thread. You may not like lemon law lawyers, but I know for a fact that they damn well serve a useful purpose in society, so long as GM, Ford, Chrysler are in business. Honorable mention to Nissan, Alfa Romeo, bmw, and I’m sure I’m forgetting a few. Hell, I’ve heard Toyota can be pretty asinine too but only 2nd hand.

On point 1: The manufacturer’s bumper to bumper and powertrain warranty are fully transferrable, and while there may be an implication for a state lemon law suit as a result of purchasing used, that’s actually not at issue here. This wouldn’t be a lemon law suit, it would be -potentially- a suit against Ford for failing to honor the terms of their warranty.

I agree with everything else quoted, including point 2.

You are very biased and misinformed. It has nothing to do with with the "Big 3" or the "UAW". Neither are producing "shit products"; you seriously sound like you're delusional or have been brainwashed. Lemon law lawyers go after ALL manufacturers, and they will go after any and every company for ANYTHING in order to enrich themselves. And they do; they are the scum of the earth and anyone that engages with that type of litigation is as bad as they are. A simple look at the most recent JD Power Initial Quality Study shoots holes through your theory.

There is no "insuffieicnt QA", you are making assertions that aren't backed up with any empirical evidence, only your own opinion.

Apparently you don't understand that Customer Service is the responsibility of the dealer...the DEALER dictates everything from the service write-up, to the parts ordering, to the repair itself. Ford Motor Company...as well as all manufacturers...can only provide parts and technical support. It is up to the dealer to complete the repair in a timely manner, which unfortunately doesn't happen in many cases. Why would you go after the manufacturer in a lawsuit for that? It literally has nothing to do with them.
 

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I did not know you could go after the dealer. I always thought they just represented the manufacturer. That’s good to know. I appreciate everyone’s advice.

They are SUPPOSED to represent the manufacturer, but due to franchise laws they are pretty much free to do whatever they want. Many have no problem with ******** over the customer and then trying to pin all the issues on the manufacturer because the sign is on their building. If you're looking to get the party responsible for the issue, go after the dealer. They have deep pockets and don't have a leg to stand on in many of these cases. There is a reason that so many of the Ford GTs have been sold to the owners of Ford dealerships.
 

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I appreciate the response. I did buy used from a Ford dealer but not this one. Also how may I ask did the shocks (Fox 3.0 out of the box height) affect the diff housing? The CV joint bearings/plungers are made to flex and accommodate articulation through the suspension travel. Like I said if a boot ripped I would understand, but saying that the axle, ring and pinion and spider gears In the diff are fine and only the housing cracked doesn’t seem right to me.

No problem. The CV axles are engineered to accommodate the entire range of axle articulation with factory suspension travel. If that range of motion is exceeded, the axle stub shaft will place a higher load on the differential side bearing and housing, which could cause damage. Was the ride height altered with the non-factory shocks?

Since you bought it used, go after the selling dealer if you feel you were sold a defective product. They are the ones who sold it and they will have to own up in a court of law if they sold you a defective or misrepresented product. Ford will leave them high and dry (out of their control) and you'll be able to collect from the dealerships' (very deep) pocketbook.
 
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The ride height was altered with the shocks but travel didn’t change. I bought it from out of state so I think that may not be a feasible option for me unfortunately.
 

FordTechOne

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The ride height was altered with the shocks but travel didn’t change. I bought it from out of state so I think that may not be a feasible option for me unfortunately.

Unfortunately, ride height will change driveline angles. Travel is only secondary. Not that I'd expect the failure you've experienced, but it certainly can be a contributing factor. As soon as you modify driveline angles, the torque transferred through each axle is multiplied due to the angle of operation, which can certainly contribute to a damaged differential housing.
 
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