Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free

A: To address this situation, let's break it down into key points:

1. Recalls and manufacturer obligations:

When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance history.

2. Dealership's refusal:

The dealership's refusal to perform the recall repair for free because of a transmission flush you performed yourself is questionable. They would need to prove that your actions directly caused the problem or made it significantly worse.

3. Pre-existing issue:

You mention that the transmission problem started before you performed the flush. This is an important point in your favor.

4. Legal considerations:

In California, consumers are protected by strong lemon laws and consumer protection regulations. The dealership's actions may potentially violate these laws.

Given this information, here are some steps you could consider:

1. Document everything:

Write down all interactions with the dealership, including dates, names of people you spoke with, and what was said.

2. Contact the manufacturer:

Reach out to the vehicle manufacturer's customer service department and explain the situation. They may be able to intervene or provide a solution.

3. File a complaint:

Consider filing a complaint with the California Bureau of Automotive Repair and the National Highway Traffic Safety Administration (NHTSA).

4. Seek legal advice:

Consult with a consumer protection or lemon law attorney in California. Many offer free initial consultations.

5. Alternative dealership:

Try taking your vehicle to a different authorized dealership for a second opinion.

It's important to note that if the recall is safety-related, the dealership's refusal to perform the repair could be particularly problematic from a legal standpoint.