I'm not suggesting that [MENTION=4823]Koobs[/MENTION] threaten to take legal action. I'm suggesting that [MENTION=4823]Koobs[/MENTION] take legal action if he feels that he is not being treated fairly. [MENTION=4823]Koobs[/MENTION] has already said that he feels that the best that they're going to offer is already on the table. If he finds that unacceptable, there's a very direct and path to push the issue further. Whether the dealer is taking advice of counsel is irrelevant; lawyers spend far more time advising their clients on how to get away with doing as little as possible without going to court than they do preparing for litigation. And that's exactly what the dealer is doing right now - he knows that he's in the wrong or he wouldn't have offer to pay for half of the repair - he admitting to some level of culpability and he wouldn't have if he wasn't trying to just make this go away.
So we have a number of scenarios:
1. A Ford CPO car can be delivered with undeclared repairs which are not covered by the warranty that Ford is so quick to promote.
2. There is fine print in the CPO program which burdens the buyer to ensure that the car is CPO eligible, irrespective of the 172 point checklist that is signed by three dealer reps.
3. Neither of the above is not true and the dealer either misrepresented or was negligent in declaring the car CPO certified
1? Doubtful - what's the point of CPO? 2? Doubtful unless the buyer releases Ford from the statements that they are so proud to make regarding they CPO program. 3? That's where my money is, especially since the dealer is negotiating.
The big guy (dealer, in this case) often does well against the small guy, [MENTION=4823]Koobs[/MENTION], not because they have high-powered lawyers. The big guy wins because people are intimidated by the legal system. Small Claims is designed to level the playing field.
And, once again, I'm not suggesting that [MENTION=4823]Koobs[/MENTION] make any statement that he's not ready to follow through with. But I am, certainly, saying that he doesn't have to accept what the dealer is so charitably willing to do if we feels that he did not get what he paid for.