I don't think the rear diff or transmission is a warranty issue. They owe you not because of a contract (warranty) but because of their negligence.
(Not a lawyer).

 

Powertrain Limited Warranty
POWERTRAIN COVERAGE for all models is 5 years or 60,000 miles, whichever comes first.
I would ask if the tranny is now covered for 46k or 16k? And when did the 5yrs start?

 

Unfortunately, the warranty will not cover this. Failures due to negligence are excluded from warranty coverage. Negligence by the dealer just means the dealer will either have to eat it or claim against their insurance.

 

I don't think I would be satisfied with a used transmission with unknown history especially one that is known to be sensitive to how it is handled / maintained.

If it were me in that situation, with only 46k on the odometer and given this is the fault of the dealer, I would be expressing my concern and questioning the use of an unknown used replacement of something so critical and expensive. .....see what else can be done.

I would also call SOA. Even though they are not ultimately responsible, it's their product and one of their dealers so they do have some ability to lean on them. ....or maybe they'll help out and extend the warranty on the used trans?

An extended warranty from the dealer themselves wouldn't cut it for me. I would want something backed by Subaru. Also, even if you were ok with it, how is it covered now under SOA since the trans is used and not original to the car? Maybe that's the approach I would first take with SOA when contacting them. What happens when you take it in to another dealer for warranty repair and they notice it had been swapped?

.....a lot of "if's", doubts and concerns I would have. I guess an extended, Subaru-backed warranty on the used trans would be a good start. In the end, the fault is all on the dealer, not you.

 

Totally agree with @Kean. This is something you should have discussed with the dealership before that unilaterally replaced the transmission.

It would definitely be a “no-go” in my book.

 

mvpel1

Typically, any part replacement by the dealer will either maintain or extend any existing warranty coverage, depending on what is left of that warranty.

Since you're over the factory 36K, do you have a Subaru extended warranty?
If so, that is likely to be far in excess of the standard part replacement warranty and it should cover the replaced components.

If not, and you are just on the powertrain warranty, that will cover those components for 5 years / 60K, which is also likely about the term of the parts replacement warranty, which IIRC is 24 months.

The warranty in just about all cases is from the original sale date, so you won't get an additional 5 years from when they did the install.

I'd suggest you contact SoA and get something in writing from them as to what warranty conditions you now have.
You should also inquire as to whether or not used part replacement is kosher with SoA...
Let the forum know how it goes.
Good luck.

 

I submit that you are probably in a good place with this, and even if things go off the tracks you are still likely to come out ahead.
You have a lower mileage replacement transmission that has likely been serviced (if not, you could ask for that and I don't see them refusing) that has at least your original warranty.
If it has a problem within the warranty period, you are covered. If it goes bad some reasonable time after the warranty period, you are likely still covered because I'm sure the dealership
doesn't want to explain to a judge (who likely doesn't know the difference between a toaster and a transmission) that this 'junkyard derelict transmission' was every bit as good as your
carefully maintained transmission used only for drives to church and delivering food to the poor - that they ruined through their negligence.
If the tranny soldiers on beyond an extended warranty, then you dodged the bullet anyway. If there is some deductible, you could probably get the dealer to eat it under the theory that
no one knows that the replacement box wasn't used to haul freight cars before you got it and they got you a lemon.
In any event, there really isn't an alternative. You would not get a shiny new transmission in exchange for a 44k used box. No one is going to think that's fair.

I don't see the downside. Unless the dealership goes belly-up and no one buys them. Or we all die in the upcoming atomic war.

 

Contact SOA. Ask for clarification even though they have a conflict of interest., they’ll want to maintain brand loyalty and some ethical standards.

 

When I picked up my car, I was told that my transmission was replaced

This seems odd that the dealer would just replace the transmission without any approval from you. Usually there is some form of conversation before major components are replaced.

 

What I'm a bit unclear of is what did the rear differential "do" that caused the damage to the transmission? Given that the attachment between the diff and the transmission output is a drive shaft (and associated bits), I can't see what damage could happen to the transmission with a "complete failure" of the rear differential.

 

I thought the same thing. My guess is there is more to this story. Pretty sure the dealer would not install a used CVT without having discussions with the owner.

 

Probably have they right to do it. Check your warranty. I would be unhappy.
Normally you get a re-manufactured unit which is fine bc ALL WEAR PARTS are replaced.

 

I highly doubt that it is a "used transmission" as in they bought it at a junk yard. 99.9% of dealership field installed transmissions are REMANUFACTURED transmissions. It's extremely rare to receive a truly assembly-line brand new transmission, except in the case of vehicle failures prior to first sale (or in rare cases within the first few days).

Used = wrecking yard recovery
Rebuilt = wear parts and seals are replaced, unit is recertified.
Remanufactured = almost as good as new. Total teardown, parts individually recertified.

Once, after waiting for 6 weeks while my several week old Ford Windstar sat at the dealer with a failed new model transmission did the district manager authorize that a brand new crate transmission be shipped it.

 

The discussion started with 'used' transmission specified (with 14k miles). Remanufactured engines don't have a mileage qualifier.

 

Manufacturers won't warranty a vehicle with an "R" title.

Why would they warranty a car that was deemed a total loss by insurance?

And therefore, why would they warranty parts from said vehicle?

If it is a used part, I would not accept it. It wasn't your fault.

 

I had a 2017 OB that had a CVT failure @ 28k miles. Can't remember the actual diagnosis but it was something akin to a throttle body failure. I was told (I know I know) at that time any replacements were hard to come by and there was a possibility of receiving a re-manufactured unit. Used was not an option. Also all failures were sent back to Japan for autopsy and re-manufacture if possible.

I was also told my Gold plan would cover the CVT as new for the duration of policy. If I hadn't had a Gold plan they would have provided $100ded plan at no cost. Since I had one they gave me several hundred dollars credit for parts or service. I'm assuming it was a dealer goodwill gesture not SOA.

It appears to me the dealer is cutting corners/costs to cover up their screw up. They are absolutely on the hook for a replacement at least factory refurbished or new CVT. I highly doubt SOA would approve of an unknown replacement when they have been very generous in replacing out of warranty failed units with lower mileage. My .04c

 

Can't remember the actual diagnosis but it was something akin to a throttle body failure.

Probably...valve body failure involving a solenoid.

 

@Peja I agree, the dealer is trying to get by with the cheapest method possible. I would think they have an insurance policy for screw ups. If they can get by without making a claim, it might help their rates.

Has anyone else had a dealer install used parts during a warranty claim?

This would not be a warranty claim. Warranty only applies to a factory installed part failing. This is a failure created technician's screw up.

I would have a CarFax run on the car to see if they even reported the CVT being replaced. If it is not reported, that is a huge red flag. At 44,000 miles, you still have factory warranty left on the car. I'm not sure if the CVT's have any sort of serial numbers on them, but if the used one doesn't make it to 60,000 miles or if you paid for an extended warranty, before that, and Subaru checks the numbers, and they don't match up with your car, they may not replace it.

A remanufactured CVT is $8000.00

I guess an extended, Subaru-backed warranty on the used trans would be a good start.

Like I said above, the most likely source of a used CVT is from a salvaged vehicle. There is no telling what impact it had on any internal parts, depending on why it was a salvage vehicle. The best case would be hail damage. The worst being a hard impact. Unless you have seen the vehicle it came from, it's anyone's guess if it will live a long life or not. Low mileage means zero here.

Now, if it was factory defect, Subaru will only warranty it to the end of the factory warranty. Even if it is a fresh unit. The dealer could use that as an argument, so you might need some legal assistance.

Subaru didn't install a CVT with unknown possibilities of damage created by a possible high speed impact. I would have expected the same from my dealer.

Of course you have to give them credit for even telling you. They could have claimed they put a reman unit in, and unless you had an immediate issue, you would probably have no way of knowing, without having their records between them and Subaru Parts audited.

 

Note that the OP hasn’t responded since the opening post in this thread…

 

Noticed that yesterday, guess we will never have that Paul Harvey moment when we hear the rest of the story.

 

I'm not much bothered by the folks who ghost after starting 'how many angels can dance on the head of a pin'-type thread. it's the folks who come looking for a diagnosis, get a rainstorm of good ideas, and then never come back that irks me.

 

OP has been a member for over 7 years, FWIW.

At least they didn't just join and post.

 

Maybe the OP has nothing more to add at this point.
Unless/until some plus or minus feedback is received, what more can be said?
(That's a rhetorical question mark.. )

It has only been a few days since the original post.

 

Hmmm..
A dealer cannot eliminate a warranty's contractual agreement by their act of negligence, as the contract for warranty coverage is between the manufacturer or their assigns and the car's owner.

From the owner's perspective, it doesn't matter and is irrelevant if the dealer or manufacturer is on the hook for warranty claims. In this case, the "negligence" factor has already been removed from the equation, as that transmission was replaced.

Dealer installed parts have a 24 month warranty, and the car has a powertrain warranty, either of which can be used if there is a subsequent failure during the warranty period.

 

Hmmm..
A dealer cannot eliminate a warranty's contractual agreement by their act of negligence, as the contract for warranty coverage is between the manufacturer or their assigns and the car's owner.

From the owner's perspective, it doesn't matter and is irrelevant if the dealer or manufacturer is on the hook for warranty claims. In this case, the "negligence" factor has already been removed from the equation, as that transmission was replaced.

Dealer installed parts have a 24 month warranty, and the car has a powertrain warranty, either of which can be used if there is a subsequent failure during the warranty period.

Except this was clearly not a warranty claim. Used parts are not used in a warranty repair.

 

Agreed… a dealership’s unilateral actions don’t cancel, modify or negate any or all of a manufacturers warranty unless those actions are explicitly approved by the vehicle owner.

Any warranty issues that may be caused by unilateral actions of a dealership are between the manufacturer and the dealership, as the dealership is the authorized representative of the manufacturer.

Pretty basic stuff…

 

Dealerships are not agents of the manufacturer. They are authorized to service the warranty but they can't tie the manufacturer to their own errors or omissions. They can replace parts and those parts will have the same continuous coverage as the original parts but they also have their own responsibility for the suitability of the parts individual and apart from the manufacturer. Hence, if the parts turn out to be junk even after the expiration of the factory warranty the dealer may still be on the hook. OP would not have legal recourse against SOA - crash damage is not covered under warranty no matter who crashed it.

 

My guess is that the rear axle failure (no lube), resulted in a near lockup of the rear diff (only~.008" backlash pinion to ring gear). My dad told me about a axle in a Pontiac Engineering test car where he worked, that lube was forgotten, locked up with less than a mile on it. The parts seized due to high heat (sliding friction in hypoid gearing). This would have required a lot of torque from the engine and CVT to then maintain vehicle speed. My guess is the rear carrier was used as well. They are about $1K. I would demand new parts for both as you have no history for either. And I would make sure SOA knew what happened. The donor Forester could have been used to pull a 3000 lb trailer up Mount Hood for all you know. They are going cheap and hoping you go along. This discussion should have taken place before any parts were replaced.

 

That’s not how I read the OP’s post… 44K miles on a 2021 Forester.

“Has anyone else had a dealer install used parts during a warranty claim?”

That was the OP’s point, I believe.

 

That is why it would be nice to have the OP share the rest of the story.

With that sort of mileage on a '21, the OP may have been using it for Uber, Door Dash, etc., which would void their factory warranty.