RacingBrake

I have a 2007 GS350 which has been disabled for 6 months now. This happened after I re-charged the battery, it had a hard brake pedal (VSC off) and wouldn't start no matter what I tried including all trick/tip suggested by the forum members here (jump terminal, replace gas cap, disconnect battery etc. etc.), so I had to call a mobile mechanic who made two visits and one part replacement but it still didn't work.

I had no choice but tow the car to the dealer near me which is Lexus in Cerrito, CA which I have been hesitant to do in the past months. A couple of days later I got a call from their service dept. saying the fuel sensor was bad and needs replacement, I asked for the cost and was quoted $1400 (500 for part and 900 for labor). So with the given P/N: 89458-30011 , I went online and found I can have it for $260.13
https://parts.lexusofenglewood.com/o...FQuAfgod_H4BxQ

Upon further digging, I found out there has been a recall in 2011 for my model and my car was brought back to Cerrito Lexus for correction.
http://www.lexus.com/recall/pdf/Fuel...essRelease.pdf

Knowing Cerrito Lexus is gauging the price so I contacted Lexus (HQ) customer service to see if this can associate to the recall issue so it's covered under the warranty as this hard pedal did happen once in a while before this incident although after a few hard foot press the car eventually started.

To my disappointment they responded that my car is out of warranty - Without considering the low mileage of my car (65,00 miles) and being certain the dealer did fix the recall issue when the car was still under warranty.

So I am asking members here if any of you had the same issue and/or any suggestion to resolve my issue. I did contact one of my local repair shop and was quoted $80-100 to replace the sensor, so it shall costs me about $360 plus towing vs. $1400 that the dealer wants.

If a problem is associated to a recall wasn't the car company supposed to fix it even it's out of warranty? and how can a dealer charge a consumer well over the suggest retail price on part, and if my own repair still don't want what leverage I have against this greedy dealer if I must deal with them again.

Thank you for your advice.

arnieosp

iTrader: (1)

As far as I know, TSB are fixed only during the warranty, but the recalls are fixed ouside of the warranty. Can't the dealer tell for sure if it's been fixed under a recall? They always keep track of those repairs. However, it looks like the recall was not to replace the sensor, but to make sure it was installed properly.

RacingBrake

Your are correct. According to Autoblog.com it defines the difference between TSB and "Recall"

Recalls come about from vehicular defects that result in loss of life or limb. In compliance with Federal regulations, the carmaker agrees to fix these issues free of charge, regardless of warranty status.

But I failed to understand why Lexus denied its responsibility, and the dealer is taking advantage on the car owner.

Since my car has been disabled for so long, rather than wasting my time in arguing with them I am being forced to get it fixed at my own cost and have the case be handled by a specialized attorney.

Can anyone please suggest an attorney who knows how to deal with car maker (Lexus).

arnieosp

iTrader: (1)

Let me make sure I understand you correctly: You have a low-miles 2007 Lexus that has been disabled for 6 months. You can get it fixed for $360, but you would rather hire an attorney and sue Lexus for failure to repair an out-of-warranty car? Do you really think you have a chance of winning? Do you think your attorney is going to charge you less than $360?

RXGS

iTrader: (2)

I think you're foolish hiring an attorney, it's going to cost you more and you may still not get your car fixed. I say just pay to have it fixed and be done with it. I never understood the mentality of keeping a broken car around, especially if you have the means to fix it. Right now you have a 4000 pound paper weight, why not just pay the money to have it fixed so it's actually worth something so you can use it or sell it rather than have it sit taking up space?

Gs3500

i concur...esp for only $360

ez12a

You're not bound to go to the dealer now that your car is out of warranty. Doesnt matter about how many miles are on the car either. Get it fixed at an independent shop.

The recall you linked only has to deal with installation and seal of the sensor and not the actual sensor itself. The sensor went bad, the recall wont cover the actual sensor, so it has no relation to the problem you're experiencing. No sensors were replaced at all even if the car was still under warranty. The recall is there to address a fuel leak--not a sensor failure.

It isn't worth fighting in court.

Sodium

The reason they want $500 for parts isn't necessarily greed, it's not unlikely that there are seals, fasteners, hoses, gaskets, or a variety of other parts that they'll need to replace along with the sensor itself to do the repair according to the repair manual. Also, $100 vs. $900 is a massive difference in the labor rate for the same job, even after acknowledging that the dealership will charge a premium. Did anyone from the indy shop actually see the car, or was it just a quote over the phone?

As for leverage with the dealer, you may have some if you bought the car and/or have had it serviced there regularly (maybe you could convince them to split the cost, or you pay labor and the dealer pays parts). As for legal leverage, I doubt you have any at all – the car is almost a decade old, and the recall work was done over half a decade ago, so any warranty is long dead. You could speak with a lemon law or consumer rights attorney, but I would be surprised if any good ones take the case because of the relatively small amount of money at stake.

The best advice I can give you is to just pay for the repair and enjoy the car!

RacingBrake

I know for sure some lawyers specialized in class action would love my case w/o costing me a penny. Google is your best friend.