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I bought a truck from a dealership that is no longer in

I bought a truck...

I bought a truck from a dealership that is no longer in business. I bought guaranteed asset protection and a warranty. Neither of which they can honor any longer. I requested a cancellation before the dealership was sold. They aren't giving me my money back.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Texas.

Lawyer's Assistant: What steps have you taken so far?

I have contacted them numerous times. Sent emails. Signed paperwork. Everything short of taking them to court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can I force them to pay the legal fees if we go to small claims court?

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Answered in 4 minutes by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. Because the business is no longer in existence, it doesn't mean that you automatically get your money back. The dealership must still honor the GAP protection and the warranty though. This means that if the GAP protection is triggered or if you have a warranty repair, they still must honor it. The dealership has the option to return your money, but it's not required. This is similar to when a person dies; just because they have died, it does not mean that their obligations die with them. If they have a home and credit cards, their estate is responsible for ensuring those debts are paid.

Thus, in your case, you should still have the confidence to move forward knowing that you have recourse if they don't honor them. Now, if they cannot honor the GAP protection or the warranty, then they must return to you the reasonable value of each.

If a party can no longer perform on a contract, then the contract becomes cancelled. If you were to take them to small claims court, the court would likely award you the current fair market value of the GAP protection and the warranty on your vehicle.

Thus, if you take them to small claims, you can recover that and also request with the court for them to pay your legal fees.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
How do I know if they are still able to honor the GAP and warranty if I cannot get into contact with them?

Exactly my point. If you cannot reach them, then they cannot honor that. Thus, if you were to sue, you should sue on the grounds of something called anticipatory repudiation. All this means is that a party is about to imminently breach the contract and you're asking the court to treat it as a breach now.

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Customer reply replied 4 months ago
Perfect. Thank you so much. You have answered all my questions!
It is certainly my pleasure. Would you mind providing you with a 5-star rating today? I would sincerely ***** *****
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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