Legal Question in Consumer Law in California

In 2005 my husband purchased a used 2003 Chevy Silverado SS truck from a local car dealer. He was also sold a warranty for an additional $1500.00 for this vehicle which was added in to the financed amount. This past year we started to have some problems with the truck so we took in for repairs after contacting the warranty company, following their specific guidelines every step of the way. When the repair shop contacted the warranty company for approval we were shocked to find out the that they would not cover any repairs to the truck and in fact should have never been sold the warranty as the truck was lifted with oversize tires, etc (We bought the truck already lifted, etc.). Well the company we bought the truck from has since gone out of business and when we contact the warranty company about getting a refund they tell us we have to send a request to cancel the warranty and then they will refund the loan company. I am not sure if that is going to end up being bad for us if we request to cancel it. Can they use that against us in any way? Like try to say we cancelled as of a certain date and try to only refund us for the remaining period left on what should of been the warranty coverage period??? Needless to say, I have not sent any notice to them saying please cancel my warranty because I don't want it to backfire. Also, my other question is in additon to the refund for the warranty which should be $1500.00, what about the finance charges we have been paying for almost 5 years now on that amount? Shouldn't we be refunded that amount as well? In additon to the fact that we would have never bought the truck if we couldn't have purchased the warranty with it. So basically now we have had to pay for the repairs ourselves and haven't been refunded anything and are stuck with a truck we would have never purchased if they hadn't all lied to us in the first place. Is there anything I can do to get our money back at least for some it?


Asked on 8/17/10, 11:41 am

1 Answer from Attorneys
Aimee Morris

If the vehicle sale was in California and the Dealership helped arrange the financing, then you may have a claim against the finance company to unwind the sale and get your money back under what is called the "holder rule" (look for reference to this rule on your purchase contract). Call attorney at 858-451-0291.

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Answered on 8/27/10, 11:53 am


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