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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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We purchased a used rental car, 2012 Chrysler, from Power Kia

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We purchased a used rental car, 2012 Chrysler, from Power Kia last Nov. Before the purchase, it was reporetedly completely checked over at the local Chrsyler dealer (Roberson Motors). All was working fine. Sincee then we've added 9K miles. Also, teh headlamps were high and blinding oncoming drivers, so we ask Robersion to readjust. No charge... implied warranty, I guess.

The car runs great, but, when we turned the air conditioning on for the first time in April, it wasn't working. Had Roberson check it out. Result: empty Freeon tank. Charge: $140 to check and fill. They added dye to check later for a leak.

Why did we have to pay for that? If it was checked out when we bought it and the AC was never used until April, and it wasn't working, isn't that warrantied by Chrysler? They checked and said no. We disagree?

Who should pay and if it's the dealer, what to do I and say??
THANK YOU! XXXXX OR

William B. Esq. :

Dear Mr Allegre, thank you for choosing Just Answer, I would like to assist you with your legal question today.

William B. Esq. :

Unfortunately, absent a written warrant, issues such as cosmetic damage, air conditioning, or other "comforts" are not covered by the implied warranty of merchantability. Only necessary mechanical systems such as your headlights, brakes, engine, heater (for defroster purposes) would be covered.

William B. Esq. :

If you had a warranty or other guarantee (express guarantee) regarding this A/C system, you would have a valid contract claim against the dealership (either written or oral), but there is no implied warranty for this type of system.

Customer:

We have an extended warrenty from Power and this was said to be a grey area item. It depends upon .. who knows what. Sounds like we're out $140.

William B. Esq. :

That might be the case - if there is a gray area, perhaps you can negotiate a difference with them. Contract interpretation is often disputed and a negotiated result is very common.

Customer:

Am at work, so just checking. I think we're done. THANK YOU!

William B. Esq. :

You are very welcome. I do wish you the best, XXXXX XXXXX hope that this works out for you. Best regards, Bill.

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