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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29021
Experience:  30 years experience in general legal matters.
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I just got a vehicle from a dealership on the 26th of July.

Customer Question

Hello I'm Carlos, I just got a vehicle from a dealership on the 26th of July. I started having problems with it a few weeks later the rear axle was really bad. The dealership told me that no money would come out of my pocket because the waranty would cover it, But now the waranty personnel is saying there not going to cover it because the amount of damage done was long term, meaning done before I got the truck. So as I notify the dealership of the verdict there putting the blame on me saying it's my fault they offered to split the cost of the bill with me. So not only did they lie to me about the waranty, I don't understand why I have to pay for repairs on a vehicle that I haven't even make my 1st payment. I need legal help getting this problem solved because I'm so frustrated with this predicament I don't know what step to take at this point I feel I'm about to loose everything I've worked for please help.
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 3 months ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Was the dealer the warrantor or was the warranty from a third party?

Why does the warrantor say the repairs are not covered?

Customer: replied 3 months ago.
The warranty was through a third-party Marathon administrative to be exact and the reason that they won't fix it is because they had to send an inspector out to determine if it was long term or short term, They said it was long term meaning it was sold to me like that so they said they want fix it.
Expert:  Loren replied 3 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

The dealer would not, as a general rule be liable for the obligations of the third party warrantor. The warranty would have a process in its written terms for disputing a denial of claim. You need to find that provision and initiate that appeal. You may have to go to arbitration before you can sue.

It is important that you follow the procedure in the warranty to the letter, as a failure to do so could prejudice your rights to appeal.

Toy should file a consumer claim, as well, with the Florida Attorney General's Office.

You may want to retain local counsel to write a threatening letter to the warrantor and see if you can scare them into covering all or some of the repair.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 3 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 3 months ago.

Did you have further questions? Have I answered your question?