Legal Question in Consumer Law in Utah
Contract Fraud under the RICO act
I bought a car in May of 05 and on my contract it states that a extended warrenty for 48000 miles or 48 months. When I received my warranty papers it was only for 36 months or 36000 miles. Now according to the RICO act I am entitled to a cancelation of contract because of the fraudulent change of the terms of the warranty is that correct?
1 Answer from Attorneys
Re: Contract Fraud under the RICO act
No. RICO is a racketeering related act, although it has been extended into other areas. You have a claim for breach of contract. Your first remedy is to have the dealer make the correction and get you the proper warranty. If the dealer refuses, you can sue for the difference in premium from the 36 to 48 month warranty, or the cost of a replacement 48 mo warranty.
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