Legal Question in Business Law in Texas

Re: vehicle service contract

Its my opinion that the 36/360,000 mile question could go either way, a contract can be excused if it can be shown that you should have known of the ommission. 360,000 miles is so out of the ordinary for service contracts, that they can probably make a good point that you should have known that it was wrong. That being said, its certainly a question to be litigated or to at least contact a lawyer about. Often times, a well written letter from a lawyer will grease the wheels of compliance ;-)

Re: vehicle service contract

I agree with the above. How is the amount written. Is it written 360,000 or 36,0000 or 360000? Also, I am assuming you are still inside the 36 months, right? I think your case is stronger if (as I understand) the contract ends at 3 years. So it would basically be saying it is good for essentially unlimited mileage, but only up to 36 months. Viewed that way, it is not unreasonable for you to believe that this was actually the agreement, not a mistake. I gather that you live in Newport News, too far away for me to be able to help you as a lawyer. You mention Texas law. I gather that you bought the car in Texas. If that is true, it may be possible for you to file a lawsuit in Virginia if the company you are suing regularly does business in Virginia. Be careful who you are suing, however. You may need to be suing the warranty company, not the dealer you bought the car from. This is often a difficult question. Finally, if this were brought as a lawsuit in Virginia, the Virginia court may still have to apply Texas law to decide the question. I am not familiar with Texas law.