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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33093
Experience:  16+ yrs. of legal experience.
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I but a car and the car broke down 2 weeks after purchase,

Customer Question

I but a car and the car broke down 2 weeks after purchase, they sold me an extended warranty for almos 6,000 dollars insurance said they wont cover cause the dealer new the car was not in good condition. well finally dealer an insurance had an agreement and they said we going to fix it. but its been two months and they are working in my car but still not ready. what can I do.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. Can you tell me, what will it cost to fix this?

Customer: replied 1 year ago.
It's around 4,000 dollars.
Expert:  P. Simmons replied 1 year ago.

Thank you

So are you asking if you can sue the seller of the car to recover this money?

Customer: replied 1 year ago.
What can I do cause they new the car was not in good condition and I don't have the car yet and cost me 40,000 dollars.
Expert:  P. Simmons replied 1 year ago.

Sorry...what cost you $40K? The car? Was this a new car?

Customer: replied 1 year ago.
No its used is a bmw x 5 2009.
Expert:  P. Simmons replied 1 year ago.

Thanks
So is your goal to recover the $4K it will cost to fix? If not what is your goal?

Customer: replied 1 year ago.
My goal is get back the 6, 000 dollars that they ad to my loan for the extended warranty they sold me, cause they new something was wrong with the car.
Expert:  P. Simmons replied 1 year ago.

Thank you
Can you verify, are you in WA state? And the contract was negotiated there?

Customer: replied 1 year ago.
everything happen in Washington state.
Expert:  P. Simmons replied 1 year ago.

Thank you
I have some thoughts and will type them up. A few moments please...

Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

I ask about location since if the contract was negotiated in WA and the seller (dealership) is there? You have to sue there…and are limited by the laws in that state

If the dealership intentionally misled you on the car…that is, they lied to you about the condition, or they took steps to cover up a defect so you would not notice? That would be a basis to void the contract and sue for damages.

Also, if the sold you insurance and the insurance is not honoring the policy (the insurance is not honoring a claim that, according to the policy they should honor)? You could sue to void that policy and claim a refund.

You have a couple of options

One, you can use small claims court to reduce the cost.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county dealership pis located) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

HOWEVER, you can only sue for up to $5K in small claims.

IF your goal is to sue for more? You will need to hire an attorney and let them file the case for you…but, of course, you will have to pay the attorney (which will reduce the money you ultimately receive)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
What tips of lawyers can I look out cause I call a few they said just criminal.
Expert:  P. Simmons replied 1 year ago.

If you are going to hire a lawyer, you want one with experience in consumer protection law. You can contact the state bar for a referral. Here is their page

http://www.wsba.org/Legal-Community/County-Bar-Associations

ALSO, AVVO is a good resource for finding a lawyer.

http://www.avvo.com/find-a-lawyer

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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