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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54299
Experience:  Licensed attorney helping individuals and businesses.
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I just purchased a precertified 2010 honda accord last night

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I just purchased a precertified 2010 honda accord last night with my husband and this morning while looking over the paperwork I noticed a $2800 extended warranty charge added to the total of our loan. Is it a NY law that we're required to purchase it? All they asked was how much we wanted to put down on the car and then they told us what our monthly payment would come to. This warranty charge wasn't mentioned or explained to us, except the salesman pointed out that we get roadside assistance. We already have AAA and a reliable mechanic. I thought this feature was at no cost to us otherwise we wouldn't have agreed to it, not for that price! Do we have a choice, can I go back and remove this charge even though we already signed the papers and brought the car home last night? Please help, we're a one income family with 3 growing children so every penny counts. Thank you in advance.

INFOLAWYER :

Hello and thank you for the question.

INFOLAWYER :

You are not required to purchase such extended and expensive warranty

INFOLAWYER :

Seller should have disclosed this charge

INFOLAWYER :

You may now either seek to have it removed or rescind the contract

INFOLAWYER :

Seller should consent or you may turn to management, then to the BBB and department of consumer affairs.

INFOLAWYER :

If paid by credit card, you may contest the charge there too.

INFOLAWYER :

Is that clear?

INFOLAWYER :

awaiting your reply.

Customer:

Downpayment was made by check and the rest financed through a loan. Should I go directly to business manager since he asked the money questions like how much we planned to put down and then he quoted us what our monthly payment would be, obviously knowing that it included this charge?

INFOLAWYER :

I would speak to the manager directly

INFOLAWYER :

in this situation the manager will typically alter the terms

INFOLAWYER :

and remove this charge where sees customer is threatening to cancel

INFOLAWYER :

seller wont want to risk being investigated or sued.

INFOLAWYER :

If you need to sue, you may involve a local lawyer to handle as well

INFOLAWYER :

I wish you the best.

Customer:

How or what should I ask, that the refinancing documents be redone without this charge or the entire contract?

INFOLAWYER :

I would insist on the refinance documents being redone and the contract revised to remove the unwanted charge. Also review both carefully before speaking with him to ensure no other hidden fees or finance charges are included which you didnt consent to.

INFOLAWYER :

You may also try for a price reduction overall on the sale price as a more aggressive negotiation strategy, suggesting you are inclined to just walk away from this deal.

INFOLAWYER :

Is the answer clear?

Customer:

I see something labelled 'options' for $996 that I will question. So then, in NY I am not legally obligated to take on this extended warranty? He can't say that to me?

INFOLAWYER :

correct

INFOLAWYER :

Many consumer choose to

INFOLAWYER :

but it cannot be forced

INFOLAWYER :

and it should have been disclosed and agreed to in advance.

INFOLAWYER :

Is the answer clear?

Customer:

Thank you. This will help me when I walk in to the dealership with the confidence I need to stand against this charge. I wouldn't have if I didn't know my legal rights. I'm not looking to cause trouble. I'm just not use to these tactics and would have assumed this charge was included because it was a law for precertified car buyers, but $2800 is a lot of money to me.

You are very welcome. You are justified in your position and I wish you the best. Kindly click on an excellent rating for the answer.
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