Can the dealer legally hold my car indefinitely?

1919 Views 4 Replies 5 Participants Last post by 2022carnivalprestige, Jul 10, 2021

Agarico

Discussion Starter · Jul 1, 2021

So today, I took my Kia Carnival into my local Kia dealership to get the recall fixed on the fuel rail. The recall appointment was scheduled many days before because our car was in the time frame of the recall. We have put a little over 7,000 miles on the car so far and haven’t noticed the fuel smell or anything. Yet the dealer was very strict in telling us that we could not take the car back until they hard the replacement fuel rail. They have no ETA on this part however. The dealer told us that they have no cars to offer as a loaner because they have no inventory. I have talked to Kia’s customer reps multiple times and none of them have offered alternative transportation for me to and from work. We own the car outright and purchased with cash in full. Can they legally keep my car and offer no loaner? I know its not safe to drive, but if it hasnt started leaking in over 7,000 miles then it probably wasn't affected by the recall.

If anyone else has had a similar experience please let me know if there is anything we could do.

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Phantasm22

· #2 · Jul 1, 2021

Likely varies state by state but in some states they can hold it from being driven off the lot. A loop hole is that you should be able to tow it off the lot and take it to a repair facility of your choosing. Once it leaves their lot on a tow truck, they are no longer responsible. You may want to call the non emergency number for your local police department to see what the law is for your state or contact a lawyer.

That said, I personally wouldn’t drive it. We had the same issue but Kia corporate was kind enough to source the part for us pretty quickly. From what I’ve read about the recall, the fuel rail could fail at any moment causing a fuel leak, fire, or worse.

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J Reb

· #3 · Jul 7, 2021

I had a similar issue. I brought mine in for an oil change. Next thing you know, I was in a rental van, because of the recall. Long story short, I was in a rental for 2 1/2 weeks. Really irritating. I don't think I had any issues with my fuel rail.. Hope yours doesn't take as long as mine did. Good luck!

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DuranO

· #4 · Jul 8, 2021

Agarico said:
So today, I took my Kia Carnival into my local Kia dealership to get the recall fixed on the fuel rail. The recall appointment was scheduled many days before because our car was in the time frame of the recall. We have put a little over 7,000 miles on the car so far and haven’t noticed the fuel smell or anything. Yet the dealer was very strict in telling us that we could not take the car back until they hard the replacement fuel rail. They have no ETA on this part however. The dealer told us that they have no cars to offer as a loaner because they have no inventory. I have talked to Kia’s customer reps multiple times and none of them have offered alternative transportation for me to and from work. We own the car outright and purchased with cash in full. Can they legally keep my car and offer no loaner? I know its not safe to drive, but if it hasnt started leaking in over 7,000 miles then it probably wasn't affected by the recall.

If anyone else has had a similar experience please let me know if there is anything we could do.

In my case the dealer told me about the recall during the purchase process and didn't let me get the car out of the lot, the part took a little over a week to arrive after the closing. I think that they can hold the van because they are liable if they don't retain it until the repair.

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2022carnivalprestige

· #5 · Jul 10, 2021

Agarico said:
So today, I took my Kia Carnival into my local Kia dealership to get the recall fixed on the fuel rail. The recall appointment was scheduled many days before because our car was in the time frame of the recall. We have put a little over 7,000 miles on the car so far and haven’t noticed the fuel smell or anything. Yet the dealer was very strict in telling us that we could not take the car back until they hard the replacement fuel rail. They have no ETA on this part however. The dealer told us that they have no cars to offer as a loaner because they have no inventory. I have talked to Kia’s customer reps multiple times and none of them have offered alternative transportation for me to and from work. We own the car outright and purchased with cash in full. Can they legally keep my car and offer no loaner? I know its not safe to drive, but if it hasnt started leaking in over 7,000 miles then it probably wasn't affected by the recall.

If anyone else has had a similar experience please let me know if there is anything we could do.

That happened to my husband and I.. we bought a 2022 CSXP in April 2021, and 1 week after we bought it the dealership called and said we had to take it back in for a recall..so we did but unfortunately we got to have a loaner ..no charge to us.. but we didn’t get my carnival back until May 19.. one month later.. they said it was unsafe to drive due to the recall in fuel parts.

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