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stevewlaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 207
Experience:  25+ years and millions of dollars in settlements representing consumers injured by defective products.
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I purchased an Auto. Battery with a 7 year warranty, 3 year

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I purchased an Auto. Battery with a 7 year warranty, 3 year 100% replacement, 4 year pro-rated originally in 2006 from Walmart. It failed in 2007 and they replaced it 100% free and the warranty started over on the new battery. That battery failed in 2010 and Walmart again replaced it the other day 07/16/2013. This last time the warranty is a 5 year, 3 year 100% replacement, 2 year pro-rated. Walmart wants to inform me that because my last (2010) battery used 34 months of the 36 months 100% warranty, my new (2013) battery only gets the remainder 2 months 100% replacement battery. 2 year pro-rated! A total of 26 months warranty for the new 5 year battery ( to other customers). I had my dealer check out the charging system and all is in order. Walmart sold me a smaller size (24) battery then was originally supplied in my vehicle back in 2006. They said they didn't sell the larger size (27) only the (24) battery. They said that their book listed the (24) as an alternative battery for my vehicle. My dealer said the (24) battery is only for the 2 door model and the only correct size for my 4 door model is the (27) battery.Nissan said that's no doubt the reason your battery keeps pre-maturely failing. I want Walmart to replace my battery with the correct size (they do have it) and supply me with a full 7 year warranty.
Am I protected under consumer laws? Do I have that right legally? Thanks, Tom

stevewlaw :

Hi [USERNAME], my name is XXXXX XXXXX I will do the best to help you. My advice is general only and does not create an attorney-client relationship. You should be protected as a result of the misrepresentation of Wal Mart employees who sold you something that was not appropriate for your vehicle. They clearly sold you what they had and carried at the time, and not what they did not carry or could not order. Because of their misrepresentation, this is not a case where we need be concerned too much about the amount of time remaining on the warranty or not. What you need to be concerned with is the applicable statute of limitations which will now govern your misrepresentation claim against wal mart.

stevewlaw :

The time for your limitations period will begin running from the date you knew or should have known about the misrepresentation. I believe the limitations period in California is 2 years. From what I read, I believe you may be within this period. I would get a statement in writing from the Nissan dealership as to the proper battery, improper replacement by wal mart, and the reason for the repeated failures. Bring this to Wal Mart and ask for a new battery. You may show them this document - give them a copy. If they fail to replace the battery and give you a new one, or a complete refund, then your only alternative is to sue them in Small Claims Court. They cannot use a lawyer in Small Claims Court. I believe with the Nissan opinion report you should have no problem in prevailing.

stevewlaw :

I hope this has been helpful to you. Please keep me posted my friend. Let me know what happens and thank you in advance for your positive feedback.


Thank you.

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