By on August 1, 2014

Scholfield Honda Dealership

Ever wonder what would happen if Dethklok decided to go into the automotive business, especially with the virtual band’s use of pain waivers as a legal means to protect themselves from whatever death and/or dismemberment would likely occur during a concert?

Wonder no more: Honda is asking its dealers to ask their customers to sign a waiver acknowledging the used car they’re about to buy off the lot may have an Takata airbag that, in the event of a crash, could kill them upon deployment.

Automotive News reports the automaker’s Airbag Inflator Recall Disclosure and Acknowledgment waiver affects the following Honda and Acura vehicles:

  • 2001-2005 Accord V6
  • 2001-2007 Accord I4
  • 2002-2003 TL
  • 2002-2003 CL
  • 2002-2004 Odyssey
  • 2002-2006 CR-V
  • 2003-2006 MDX
  • 2003-2007 Pilot
  • 2003-2011 Element
  • 2005 RL
  • 2006 Ridgeline

Most dealers believe the waiver is a smart move by Honda, citing liability concerns. However, New Jersey lawyer Eric Chase says the waver could prove to be a problem for both parties:

If a dealer called me and said, “We’re talking about something that is under recall but we can’t repair it and it’s dangerous to the point we’d have to warn them about death,” I’d say, “You’ve got to do everything you legally can to make sure a consumer does not get behind that wheel.”

Meanwhile, a Honda representative said that once the automaker has gone through its VIN database and those of all 50 states’ DMVs to find and recall all vehicles affected by the Takata airbag crisis, dealers won’t need to issue the wavers come purchase time, instead using a VIN search to determine any potential problem with a given vehicle.

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23 Comments on “Honda Dealerships Asked To Issue Waivers Over Defective Airbags...”


  • avatar
    NOPR

    WAIVER*!!!

    Sorry.

  • avatar
    kvndoom

    Yeah so my #1 bucket list car WAS a 2003 CL Type-S… until I read this.

    “No thanks. I’m good.”

    • 0 avatar
      Truckducken

      Hey, don’t give up on your dream so easily! Not every unit of the listed models of Hondacuras used Takatas, the risk of failure is tiny, and they’ll all be fixed on Honda’s nickel once identified. Meanwhile, Takata sold to other manufacturers, too, so it’s not like Honda is the only manufacturer in this boat; they’re just taking an interesting approach to managing an industry-wide situation.

      • 0 avatar
        kvndoom

        I almost pulled the trigger on one, but the seller was a bit of a jerk. That’s why I wound up with the Altima instead.

        I asked him had the timing belt been done. “This car doesn’t need a timing belt. It doesn’t need anything!” I explained that all V6 Honda’s needed a belt every 100,000 miles and he wouldn’t hear it.

        Something else with one of the tires too. He said it was a “cheap, easy fix” which of course begs the question of why not fix it yourself to make the car appealing to buyers?

        He didn’t sell it at $6000, which is about what you can get one for in great shape. He didn’t sell it at $5000. The last time I saw it on CL before he pulled the ad was $4850 OBO. I hope whoever bought it knows what they are getting into.

        If Honda has a comprehensive recall list by next spring, maybe I’ll still get one.

  • avatar
    Detroit-X

    Amazing, never-ending Honda arrogance, plain and simple. How about signing waivers/warnings for other Honda failures too: like transmissions, fuel system integrity, power sliding doors, cabin roar, fuel starvation, … ?

    • 0 avatar
      sproc

      Those other failures don’t launch shrapnel in your face.

    • 0 avatar
      bullnuke

      +1. If I’m not mistaken, honda translated from Japanese to English is arrogance. Learned that 16+ years ago with a new ’98 Civic coupe. If one of these bags explodes in someone’s face, the zone manager from Honda will blame it on customer abuse of the vehicle and explain that Honda has more lawyers than the surviving family members can afford.

    • 0 avatar
      NormSV650

      Have you seen Honda’s new car warranty? It is on a state by state basis.

  • avatar
    Thatkat09

    I mean, I guess its better than not saying anything. At least the buyer of one of these used cars knows some things up and will definitely take the car in for the recall.

  • avatar
    BigOlds

    …And that’s why GM is surviving its recall nightmare without a big drop in sales.

    The truth is, there ain’t much difference among any of the major car companies.

    • 0 avatar
      N8iveVA

      Yeah i’ve never understood how some people can be such blind fanboys for any particular brand. If you like a brand because of it’s styling or something, so be it, but all auto manufacturers are somewhat the same in they’re not intentionally gonna make a bad product and that they’re gonna make a product just good enough for you to but it while making a profit.

  • avatar
    VoGo

    I think it would be a great PR move for a manufacturer to publicly state: No dealer of ours will sell one of our cars with an outstanding recall notice on it.

    Otherwise, the “Certified” part of CPO is a joke.

    • 0 avatar

      Read the certified closely. It will be the tiny type on the very back of the glossy brochure. Usually no electrics, no suspension bits, they are not going to search and destroy that rattle…internally lubricated parts only for most. If you bought a CPO BMW 335d with carbon buildup in the manifold, or got one of the V6 Honda 90k mile lifespan transmissions, worth it, but if you got a normal car and the in dash satnav poops, tough, not covered. Read closely before deciding to take it for the 1.5-3k the dealer charges.

  • avatar

    I’ve seen a lot of “paperwork packages” that folks sign buying cars. Mandatory arbitration (waive right to Court), loan agreements for overpriced auto insurance at 25% interest, etc.

    This will be between the odometer disclosure statement and the “permission for our person to register your car for you” for a $250 service fee (and no you can’t go to DMV yourself) Statement.

    sign here, here and here.

    In NY, a blanket liability waiver is not enforceable…and I agree, this could backfire, as you KNEW you were selling a defective product…..

    • 0 avatar
      cdnsfan27

      The previous dealership I worked at would not sell you a car unless you agreed to mandatory arbitration. The one I work at now would never resort to that.

  • avatar
    TonyJZX

    waiting for comment from ruggles

    *eats popcorn*

  • avatar
    TonyJZX

    But Laurie McCants, managing partner of Honda of Covington in suburban New Orleans, says she believes the signed document helps protect dealers. “If there is a process and we follow the process, I don’t feel liable,” she says.

    Neither does Joe Wagner, operating partner of Winter Haven Honda in Florida. He says he is getting no pushback from consumers about signing the document.

    “I believe it takes away the liability,” he said about the document. “You can never overdisclose.”

    LOL these fine examples of human beings

  • avatar
    CoreyDL

    Wait for it…

    BOOOM!

    Waiver.

  • avatar
    raph

    That lawyers comment reminded me about the many sit-ins a large tire manufacrurer’s lawyer did. He pretty said the same thing about waivers – use only approved material and never wing it because a waiver is just ammo for the other side. A waiver in effect says your knowingly placing that person in harms way.

    The only two waivers I’ve ever seen endorsed by them were when installing lower speed rated tires on a vehicle or installing taller tires which changed the center of gravity.

    • 0 avatar
      segfault

      Many tire shops are now requiring waivers when installing new tires on the front axle of a vehicle, as this can cause snap oversteer in the rain if the rear tires are significantly more worn than the fronts. Many tire manufacturers also recommend placing new tires in the rear.

  • avatar
    DrGastro997

    You can always wear a mask and helmet when driving a Honda/Acura, just in case the Takata bag tears your face off. This waiver may trigger other car makers to do the same thing. Sign your life away because you’re buying a car.

  • avatar
    segfault

    I hate these geographically specific recalls. Because vehicles are never transferred from one state to another, right?

  • avatar
    Dimwit

    I don’t understand, why can’t the airbags be replaced? And where’s the insurance industry in all this? I can see them not insuring one of these cars with defective airbags, which removes them from the road. Something sounds fishy in all this.


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