Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for the question.
You are not required to purchase such extended and expensive warranty
Seller should have disclosed this charge
You may now either seek to have it removed or rescind the contract
Seller should consent or you may turn to management, then to the BBB and department of consumer affairs.
If paid by credit card, you may contest the charge there too.
Is that clear?
awaiting your reply.
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?
I would speak to the manager directly
in this situation the manager will typically alter the terms
and remove this charge where sees customer is threatening to cancel
seller wont want to risk being investigated or sued.
If you need to sue, you may involve a local lawyer to handle as well
I wish you the best.
How or what should I ask, that the refinancing documents be redone without this charge or the entire contract?
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.
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.
Is the answer clear?
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?
Many consumer choose to
but it cannot be forced
and it should have been disclosed and agreed to in advance.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).