Legal Question in Consumer Law in Illinois

I am looking into taking the car dealership that I previously purchased my car from to small claims court. When I purchased the vehicle I signed the paperwork stating that my warranty was $2500. I recently traded that car in and cancelled the warranty. I received a refund of $1017.45. I had only driven 20,000 in one year of the 100,000/ 5 year warranty. I contacted the warrant thinking that I was sent the wrong amount since I only used 20%. Come to find out that the warrant only cost $1,389. Looking back on paperwork I found that the dealership had whited out on the paperwork how much it cost and charge me an extra $1111.00. I would like some legal advice to whether I can sue them for more, or what I need take them to small claims court.


Asked on 11/04/13, 7:00 am

1 Answer from Attorneys
Stephen Messutta

Can't say. If the dealer fraudulently marked up the price of the warranty, you may have a case and could take it to the Attorney General too. But normally you will only be able to recover your "damages" which would be the excess you should not have had to pay. Someone really should look at the warranty and purchase paperwork. Proving fraud is not easy. You could start with the dealership's manager and/or owner and settle with them, but if you get noplace you should either show the paperwork to an attorney or you will have to take the risk of filing a lawsuit DIY, which could go noplace and cost you time and money.

Read more
Answered on 11/05/13, 2:53 pm


Related Questions & Answers

More Consumer Law questions and answers in Illinois