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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16378
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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can I take a dealership to court if I was sold a warranty under

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can I take a dealership to court if I was sold a warranty under false pretenses? I bought a car with 60k miles and was sold a 4 year 75k mile warranty but was under the impression it was an extended warranty as the factory one had expired. I came to discover it was sold as a new car warranty as in it was 4 years or 75k miles total not additional and I was not made aware of it.

Hello there

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You are on the absolute right track here and my suggestion was going to be to take the matter to small claims court. Your civil charges against the dealership are for unfair and deceptive business practicies and for misrepresentation in the negotiations and execution of the original contract to purchase the car and the warranty. There is no way that anyone in their right mind would pay any significant amount of money for a warranty that would run out in a few thousand miles -- and your position on this matter is that they were not clear in explaining to you that this was not a warranty for an ADDITIONAL 75,000 miles -- it was a warranty up to 75,000 miles. This is a very confusing area for customers these days because of the number of different warranties and warranty companies operating all over the US and it has only been in the last 10 or 15 years that a consumer can actually purchase a warranty that will go out to about 125,000 miles -- so if the dealer tries to claim that such lengthy warranties are not available that is NOT true and it was up to them to make it very clear what type of warranty you were purchasing and how many miles it actually covered.

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Please ask me any additional questions you would like (just FYI -- there are no statutes that cover this -- it is all based in general principles of contract law which develops through case law -- misrepresentation in the negotiation, formation and execution of a contract is a very old defense to a contract claim such as this -- you must state that the fact that they made the misrepresntations that they did made the contract for the warranty void from the point that you agreed to it).

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MARY

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