Consumer Protection Law
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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.
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.
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.
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