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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 7402
Experience:  Just Answer consultant at Self employed
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Auto fraud JA: The Criminal Lawyer will need to help you

Customer Question

Auto fraud
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best.
Customer: I purchased a 2007 Ford ranger 1 30 2016 with a maximum warranty Now when I went to the servicecenter @Watson quality Ford Jason said I didn't have a warranty but in my paper work it says I'm paying for a24 month maximum protection plan
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: Yes lance said he changed something in my paperwork without my knowledge all I want is my truck fixed and them to honor the warranty
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  legalgems replied 7 months ago.
Are they quoting a specific provision that indicates there is no warranty? Or does the contract on its face only reference a 24 month warranty?
Customer: replied 7 months ago.
No there are not
It's a extended warranty
Customer: replied 7 months ago.
Maximum covers everything
Expert:  legalgems replied 7 months ago.
So just to be clear, there is no basis for the denial - at least not that they are alleging?
Customer: replied 7 months ago.
Computer went out and the. Coil the truck running on 4 cylinders
Expert:  legalgems replied 7 months ago.
You had stated that they said something in the document was changed without your knowledge- did they point to a specific provision?
Customer: replied 7 months ago.
No they didn't
Expert:  legalgems replied 7 months ago.
Thank you;First here is in formation on the Magnusson Moss Warranty Act, a federal act that governs warranties, both limited and full warranties. You will see that full disclosure of the terms are required; failure to provide this is a violation of federal law. that information is here:https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law Additionally, there are 2 separate state causes of actions at issue when a party will not honor a warranty: 1. breach of warranty. This requires the buyer to sue the seller, alleging that the seller refused to honor the warranty. If an independent warranty company is involved, often a lawsuit can be avoided by contacting the warranty company directly, who can the put pressure on the dealer to honor the warranty (in order to be able to offer the warranty to future companies). If that fails, then the option is to sue for breach of warranty. So long as the item is covered, the court will typically award damages to the consumer, which can include the cost of repairs by a third party, along with court fees and attorney costs. 2. fraud in the inducement: if the seller misrepresented the terms of the warranty, or included a warranty that is essentially useless (ie it is not honored in the local area), and the seller did this in order to induce the buyer into signing the car purchase agreement, one can sue for fraud in the inducement (and the lesser cause of action re: misrepresentation). This can result in the court ordering the cost of current repairs, and also the cost of obtaining a warranty similar to the one that was anticipated based on the contractual language. This type of scenario is most common when the dealer fails to forward the warranty information/money on to the independent warranty company. If this is a type of repair that needs done immediately, it is best to hire an attorney - they can make a quick phone call to the dealer inquiring as to the basis for the refusal, then explaining the above. Should that fail to prompt the repair, the attorney would then likely advise (after reviewing the contract and the warranty information to ensure the item is covered) to bring it to a third party shop, pay for the repairs, and then to sue the dealer based on the above theories. Car dealers are regulated by the state, and a complaint can be lodged here:http://www.mmvc.ms.gov/SitePages/Home.aspx This can affect the dealership in that their license can be suspended/revoked. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!