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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
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Experience:  Experienced Licensed Attorney
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Hello Alex, My car is at 47K miles and service warranty

Resolved Question:

Hello Alex,

My car is at 47K miles and service warranty (and bumper to bumper warranty) are done at 50k.

I brought the car in for regular service (covered under the warranty) and went ahead and purchased the additional service warranty for $2,096 (which would take me to the 100K mile marker). The additional extended warranty was much more than I expected (an addition ~$3.2K) and I said I would discuss when I returned to pick up the car.

One day later, received a call from them saying I needed new tires ($1K) and at that point I just figured I'd buy another car. Called to ask if I could return the warranty and was told no.

Their warranty contract (which they gave me and I signed at purchase) states warranty is only refundable if vehicle is totaled.

Given that it has only been one day since I paid for it and that I am not in the warranty period yet, shouldn't I be able to return it?

I am contemplating contacting American Express and just having them deny the charge.

Thoughts?

Thanks for your time.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Thank you for requesting me to answer your question.

Can you please tell me if you have a written warranty contract and what does it state about any cancellation process?
Customer: replied 1 year ago.

Hello Alex,


 


Thanks for the fast response!


 


Yes, I have a written warranty contract. There is no "cancellation process" rather a "Refunds" paragraph that states as follow:


 


"A refund will be granted ONLY if the ENROLLED VEHICLE is deemed a TOTAL LOSS while owned by you and it is still within the first 48 months or 50,000, whichever occurs first, from the original and correct in-service date. Proper documentation, including a copy of this agreement and an insurance report declaring the ENROLLED VEHICLE a total loss and referencing the complete vehicle identification number, the incident date and vehicle mileage, will be required. A request for a refund must be initiated through the BMW center that originally sold the Maintenance Program Upgrade."


 


I paid with my American Express (as I pay for anything and everything since I can cancel a payment with a phone call) but wanted to consult with you first as I prefer to do things the right way and wasn't sure if the dealer is simply refusing to refund.


 


Thanks again!


 

Expert:  Alex J. Esq. replied 1 year ago.
Dear Clara,

Can you tell me if this warranty is transferable and stays with the vehicle?
Customer: replied 1 year ago.
Yes, warranty is transferable and stays with vehicle. Doing this from my phone so hopefully I didn't mess anything up.
Expert:  Alex J. Esq. replied 1 year ago.
Dear Clara,

Thank you for your follow up.

Are you planning to sell this vehicle to a private buyer or trade it in?
Customer: replied 1 year ago.
Not sure...
Expert:  Alex J. Esq. replied 1 year ago.
Dear Clara,

Thank you for your follow up.

Did you make a written demand to cancel / rescind this agreement?

What is the position of the dealership / warranty company?
Customer: replied 1 year ago.


Hi Alex,


 


I left a voicemail with the representative and he called me back and said it was not possible. That was the extent of my demand to cancel/rescind.


 


Their position is that they do not refund warranties.


 


Thanks!

Expert:  Alex J. Esq. replied 1 year ago.
Dear Clara,

Thank you for your follow up.

Unfortunately, if you signed this agreement and it did contain the terms that stated that the warranty agreement is non-refundable, unless the vehicle is totaled and is transferable and will remain with the car that is covered, unfortunately, I am afraid that while someone in your situation can make a written demand to rescind this contract and also to dispute this transaction with AmEx, I am afraid that it is likely that the warranty contract would be found valid and the charge accordingly would be determined to be valid.

The other option would be to market the vehicle at a higher price due to the fact that it comes with transferable extended warranty or to try to get the new buyer to reimburse you for the cost of the extended warranty.

I am very sorry this has happened to you and I do wish you the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13523
Experience: Experienced Licensed Attorney
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