Legal Question in Consumer Law in Missouri

Usaed Auto Warranty

I purchased a van with a dealership and was sold a 3 yr warranty with the package. I submitted a claim through the dealer for reimbursment of a battery the next month. I received no notice from the dealer or the warranty company. I called the warranty company to check the status of the claim- they said I did not have a valid contract. The same company later told me the dealer had attempted to purchase a new policy but since it was later than 15 days from sale- it was denied. The dealer has since told me they gave me the wrong policy and has failed to provide a warranty. What are my rights in this matter?


Asked on 3/17/04, 1:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Usaed Auto Warranty

You have rights against the car dealer. You have a right to specific performance (meaning you have a right to have the warranty work paid for under the terms of the first warranty they sold you) and you may also have a right to damages under Chapter 407, RSMO, which prohibits the unlawful use of any deceptive acts or practices in the sales of cars.

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Answered on 3/17/04, 1:39 pm


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