Legal Question in Business Law in New Mexico

Contract with Third Party Automobile Warranty Company

I entered a supposed contract with a third party automobile warranty company when I purchased a new car in 2004. The contract was watermarked example on all the terms and conditions. The contract application also stated that I would receive my real contract if my application was accepted, which I never recieved. Work was done on the car in 2006, and paid for by the company. During Thanksgiving this year (2008) I needed to get work done and did not have the information to contact the company because I was out of state to authorize work, but I needed my car to get back home. One of the stipulations is you have to contact them and they inspect the vehicle. Since I had not received a valid terms and conditions up to this point, are they obligated to cover the repairs to the vehicle as long as I have kept the broken parts and can get the garage that perfromed the work, the Dealer, to sign an affidavit saying the parts were truly broken.

Just recently in the past four days I finally received the first contract with terms and conditions with ID cards from the company. This is the first time I have had the actual contract without an example watermark. Do I have any legal ground to stand on to have them pay for the repairs?


Asked on 1/09/09, 9:42 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Contract with Third Party Automobile Warranty Company

Since they previously paid for repairs, you obviously have a valid contract with them. The "example" contract or the new contract as forms aren't important; the terms are. You did not comply with the terms because you didn't have the ID cards at the time to enable you to do so. Thus no one can give you a definitive answer to your question. If they pay, fine. If not, sue them in small claims court. Metropolitan Court in Bernalillo County, Magistrate Court elsewhere in NM. No lawyer required; small filing/service fees. Forms provided by the courts.

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Answered on 1/09/09, 12:06 pm


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