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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12805
Experience:  B.A.; M.B.A.; J.D.
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When buying a used 2012 with 10K miles "certified" car from

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When buying a used 2012 with 10K miles "certified" car from a Nissan dealer the deal was agreed on and all parties went to the finance department to final the deal. During that process we were offered a used car warrenty to purchase which we did. We were then told that the "certified" status of the car was dropped because of the price we agreed too. We were both shocked but as we bought a better protection warrenty we didnt think much of it at the time. Well, after we got the car home we got a letter from the company that is the car warrenty holder that the car wasnt eligable because it was too old due to the in service date to be warrentied as a new car. So now the Dealer who guarenteed this deal now says they will pay the difference for a warrenty that is half the coverage we signed up for. We have been strung along for months, the dealer refused to talk to us any longer and we still dont have back the money we put down for the warranty. The dealer also refused to reinstate the "certified" part of the sale. What can I do, this has ruined the buying expirence for us. We payed $31,000 in cash for the car.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 11 months ago.

Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



When buying a used 2012 with 10K miles "certified" car from a Nissan dealer the deal was agreed on and all parties went to the finance department to final the deal. During that process we were offered a used car warrenty to purchase which we did. We were then told that the "certified" status of the car was dropped because of the price we agreed too. We were both shocked but as we bought a better protection warrenty we didnt think much of it at the time. Well, after we got the car home we got a letter from the company that is the car warrenty holder that the car wasnt eligable because it was too old due to the in service date to be warrentied as a new car. So now the Dealer who guarenteed this deal now says they will pay the difference for a warrenty that is half the coverage we signed up for. We have been strung along for months, the dealer refused to talk to us any longer and we still dont have back the money we put down for the warranty. The dealer also refused to reinstate the "certified" part of the sale. What can I do, this has ruined the buying expirence for us. We payed $31,000 in cash for the ca
r.


Response 1
: I am sorry to read about your difficulties. At this time, you may consider filing lawsuit against the dealership for unfair and deceptive act and practice, to get the money for the void warranty and to get the certified status put back in the car. It is deceptive for the dealer to sell you warranty that the dealer knows that it is not enforceable. It is deceptive for the dealer to promise to reimburse you the difference, then reneges on his promise or starts giving you runaround.

You may consider obtaining the services of a local consumer Attorney to assist you with the case. Some consumer Attorneys would take this case on contingent fee basis meaning that they would not charge upfront fee for their services and would only do so if they win the case. Even then, you may not have to pay any Attorney’s fees as Courts do award Attorney's fees to the prevailing consumers.

You can use the following sites to find local consumer Attorneys:


http://www.lawyers.com


http://www.justia.com

You may file complaint against the dealership with your Attorney General’s office and the Better Business Bureau

https://www.oag.state.tx.us/forms/cpd/form.php

http://www.bbb.org

I have been told that its ileagal for them to take the "certified" status away after they have it listed as such. Isnt that false advertising or fraud?

 

 

 

 

Response 2: Yes, and it falls under unfair and deceptive act and practice.

 

 

 

 

Is sewing for the down payment for the warrenty all we can recoup? or can we get them to take back the car because they misled us during the sale?

 

 

 

 

Response 3: You can try to get them to take the car back. However, they may charge you for the days that you used the car.

 

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12805
Experience: B.A.; M.B.A.; J.D.
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