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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17518
Experience:  B.A.; M.B.A.; J.D.
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I bought a certified per-owned escalade esv which still has

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I bought a certified per-owned escalade esv which still has the manufacturer bumper to bumper warranty. After coming home with car I noticed the 2 front seat tracks have rust all over it and both door hinges have a little bit of rust as well. I took it back to dealer to show them, the service manager took a look and told us that it was normal and it happens. I ask isn't this covered under bumper to bumper warranty and was told only if it was defect and causing the powered seat to not work properly. But on cadillac's website they specifically say:

CORROSION PROTECTION
Cadillac vehicles are designed and built to resist corrosion. All body and sheet metal components are warranted against rust for 4-years or 50,000-miles1, whichever comes first. Any sheetmetal that actually rusts through, causing an actual hole in the sheetmetal, is covered for up to 6-years or unlimited-miles. Application of additional rust-inhibiting materials is neither necessary nor required under the Sheet Metal Coverage. See your Cadillac dealer for terms of this limited warranty.

BUMPER-TO-BUMPER LIMITED WARRANTY
Cadillac backs your new vehicle with its no deductible, Bumper-to-Bumper Limited Warranty. The entire vehicle is warranted for repairs, including parts and labor, to correct problems in materials or workmanship for 4-years or 50,000-miles, whichever comes first (except routine maintenance). The warranty covers towing to the nearest Cadillac dealership, and there is no deductible for warranty repairs during the warranty period. The warranty transfers automatically with vehicle ownership during the warranty period.

The car is 3 yrs old.

Is there anything that I can do to get the rust fix?
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Make the demand once more to the dealership for the rust to be repaired as it is covered under warranty regardless of what the service manager said. If the dealership refuses to fix it, you can contact the manufacture for redress. You need to ask to be directed to the manufacturer's customer service department. I am confident that the issue would be resolved to your satisfaction.

Customer: replied 3 years ago.
So rust is covered under the warranty based on what is written on their website? I'm not sure how to approach the service manager again when has told me they cannot doing anything because it is not causing the powered seats to not work and that "it happens". Any advice on how to re approach?

When they say they build all Cadillacs to be rust and corrosion resistant, should that include anything and everything in the car?

So rust is covered under the warranty based on what is written on their website?

Response 1: Yes.

I'm not sure how to approach the service manager again when has told me they cannot doing anything because it is not causing the powered seats to not work and that "it happens". Any advice on how to re approach?

Response 2
: Direct the service manager to the statement on their web site and the warranty and make another request for the rust to be fixed. Let the manager know that you would escalate the issue to the manufacturer if they still refuse to fix the rust. However, before pointing to a statement on their web site, make sure to do a screenprint of the web page because they can change the statement and deny that they ever made it and that you misunderstood. So, do a screenprint first or print the web page and keep it for your records before contacting them again.

When they say they build all Cadillacs to be rust and corrosion resistant, should that include anything and everything in the car?


Response 3: Yes. I would take them at their own words.

Customer: replied 3 years ago.
If I have exhausted all possible actions can I proceed with legal actions?

If I have exhausted all possible actions can I proceed with legal actions?


Response: Yes, you can. You can file lawsuit against the dealership and the manufacture for unfair and deceptive act and practice for refusing to perform work covered under their warranty. You may consider retaining the services of a local consumer Attorney to assist you with your case. Most consumer Attorneys work on contingent fee basis and would not ask for upfront fees unless they win the case for you. Even then, you may not have to pay out of pocket as most Courts do award Attorney fees to prevailing consumers.

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


naca.net


lawyers.com


justia.com

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