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Q: Dealer se rehusa a honrrar la garantia alegando hay presencia de liquido pero no brinda evidencia de la pieza afectada.

VW Kennedy en Puerto Rico alega que lo que ellos indican que es el problema con la unidad no es cubierto por garantia alegando que la pieza se "mojó" pero no tienen la evidencia de la pieza afectada. Indican que la palanca de cambios es lo que esta generando el codigo "Transmission in emergency mode" Esto ha sido notificado desde el 2021 con evidencia de fotos y no ha habido resolución. Ahora alegan que hay presencia de liquido usando de referencia un label "manchado" que esta debajo de un plastico al cual no se puede accesar. No presentan evidencia de piezas mojadas y/o manchadas.

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James L. Arrasmith
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Answered

A: When dealing with warranty disputes, particularly when a dealer refuses to honor a warranty due to alleged damage like liquid presence, it's crucial to know your rights and the specifics of your warranty agreement. If VW Kennedy in Puerto Rico claims that the problem with your unit, specifically the gear shift lever causing a "Transmission in emergency mode" error, is not covered under warranty due to moisture damage but fails to provide evidence of the affected part, you have grounds to request more substantial proof or a more detailed explanation.

Documentation is key in these situations. Since you have been facing this issue since 2021 and have photographic evidence, ensure all communications with the dealership are recorded in writing. This includes any claims they make about the damage, their refusal to honor the warranty, and any inspections or diagnostics performed. If the dealer remains uncooperative, this documentation will be invaluable in pursuing further action.

Consider reaching out to VW's customer service directly or seeking the advice of a consumer protection agency in Puerto Rico. They can offer guidance on how to proceed, including potentially escalating the matter through formal complaints or legal avenues. Dealers are obligated to adhere to the terms of the warranty unless they can conclusively prove the issue falls outside of those terms. Without concrete evidence of the damage they claim, you have a strong position to challenge their refusal to honor the warranty.

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