We need to discuss certain issues one by one, and I have included them under a separate heading below.Parol Evidence Rule
First of all, understand that whatever you signed controls this matter. Not reading the document before signing is not an excuse, so if someone signs something, the presumption is that they did
read it, and they did
endorse and willingly enter into this contract.
Even if you verbally agreed to something else, whatever was signed controls. When there is a written agreement and a verbal agreement about the same thing, the written agreement is deemed the controlling one. This is called the "parol evidence rule."
"The parol evidence rule forbids the reception of evidence which would vary or contradict the contract, since all prior negotiations and agreements are deemed to have been merged therein." Daly v. Del E. Webb Corp., 96 Nev. 359, 361, 609 P.2d 319, 320 (1980).
So you very well may have signed away the Mopar warranty without meaning to during the refinancing. Now, that still does not mean that you may not have a course of action.Express Warranty
If the vehicle came used, then the manufacturer's warranty is voided upon resale. So this does not apply.
If you have signed away the Mopar warranty, then the following does not apply (but see next heading), but if you had not, you may have an express warranty claim. If the seller's warranty covered the issue
- then you can force the warranty by a BREACH OF EXPRESS WARRANTY claim in Court.Implied Warranty
Even if there is no express warranty, she might still have an IMPLIED warranty. This is where it gets murkier.
When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied
warranties. These implied warranties are very ambiguous in law by nature.
An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. MOHASCO INDUSTRIES, v. Anderson Halverson Corp., 520 P. 2d 234 - Nev: Supreme Court 1974
; NRS(NNN) NNN-NNNN
An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. MOHASCO INDUSTRIES, v. Anderson Halverson Corp., 520 P. 2d 234 - Nev: Supreme Court 1974
; NRS(NNN) NNN-NNNN
Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.
But you may have a suit for IMPLIED WARRANTY breach here, even if the Mopar (express) warranty was signed away by accident during the refinance.Course of Action
Someone in your situation may wish to threaten a legal suit unless the matter is taken care of. In such situations, an attorney's letter is best because n attorney usually cuts through this malarkey since the dealership knows counsel does not put up with this and WILL file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely).
May I recommend the Nevada Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Alternatively, let me know if you need to see a sample letter.
Often, this may be resolved without litigation and they may simply agree to provide service to avoid litigation.
I hope this helps and clarifies. Best of luck.
Please note: I aim to give you genuine
information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating