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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54524
Experience:  Practicing lawyer for 31 years
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I bought a used kia, with approximately 61000 miles, and a

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I bought a used kia, with approximately 61000 miles, and a 100000 thousand mile warranty, at approximately 67000 miles the motor blew. It has been almost 4 weeks, and they finally determined that they would honor the warranty with a re manufactured motor...only to call me back to say they don't have one and do not re build them, so I have to settle for a used motor with a lousy one year warranty! All the while I am renting a car for transportation. What are my options?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 6 months ago.

Good afternoon Matthew. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 6 months ago.

They are in breach of contract and you do have recourse. Since they won't resolve this voluntarily to your satisfaction, you want to raise the stakes on them. Send them a certified, return receipt requested letter and demand they replace the motor to your satisfaction at their cost under the warranty. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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