Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX X would like to assist you today.
I am sorry to learn of this deceptive sales practice. While the sale of a warranty, and the inclusion in your written contract is "prima facia" evidence of a valid warranty, the way in which your dealer went about selling you the warranty was both fraudulent and a violation of the Texas Deceptive Trade Practices Act.
The warranty as sold to you is "voidable" meaning you have the right to retain the warranty as stated and purchased, or you can refuse the warranty and demand the return of your money. Furthermore, the purchase of your vehicle may be rescinded if you can show that the continuation of your warranty as promised was a "material" (meaning key or important) part of your decision in buying the new car.
Here is the Texas Business Code for the Deceptive Sales Practice Act: http://codes.lp.findlaw.com/txstatutes/BC/2/17/E/17.46
To state a common law cause of action for fraud you must show: (1) that the defendant made a false statement; (2) that they knew was false at the time; (3) that was "material" to the transaction; (4) that the Plaintiff reasonably relied upon the misstatement; and (5) that the plaintiff was damaged (usually a monetary loss).
You are entitled to damages as follows: (1) voidability of the contract - you can withdraw from the contract, or enforce the contract at your election; (2) compensatory damages - compensation for any loss, such as loss associated in the sale; and (3) punitive damages - damages calculated to punish the bad act for the fraud cause of action.
I hope the above is helpful. Please let me know if you have any questions regarding this issue. I do hope that you reach a speedy resolution with this dealer.
Thank you for using our service, please do not forget to rate my service once you are satisfied. I am going to transfer our conversation to our "Q&A" format to ensure that you can review my answer (some browsers have problems with our "chat function") and that I can follow up to any questions you may have. Again, I wish you the best of luck. Best regards, Bill
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