Legal Question in Consumer Law in New York
warranty on car
I bought my car from a used car dealer and at that time took out an extended warranty with smart choice. Last week I bought my car into a dealer to be fixed. The dealer called up smart choice with the amount of how much the repairs would be and smart choice approved for the car dealer to fix the car. When the car dealer called to say they were finished and needed to be paid smart choice told them the warranty is through a third party and that part has no money in their accound so they could not be paid. I called smart choice and they told me the same thing. They said it was writen im my contract that a third party pays the bill. This is not in my contract and when I told them that they said well it is in our computor so as far as we are concerned it is. They will not pay for the bill until the third party pays them. Even through they approved the work. The bill is 1000.oo . The car dealer still has my car because I don't have the money to pay for it. Is there anything I could do to get smart choice to pay the bill since they did approve the work?
1 Answer from Attorneys
Re: warranty on car
It depends upon the language of the contract. If, as you say, the contract obliges the company to pay for the repair, then it seems as though you have an enforceable agreement. You may also have a statutory and common law fraud claim available to you.
Based on what you said, unfortunately, it seems as though you will have to pay for the car & sue the company for reimbursement.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.
Related Questions & Answers
-
A Computer Landed on My Doorstep Over a year a go I purchased a computer. IN my... Asked 5/16/03, 5:17 pm in United States New York Consumer Law
-
Can I sue someone who lives in Nevada in a New York court. I purchased an item over... Asked 5/15/03, 12:18 pm in United States New York Consumer Law
-
Privacy Statements We're adding to our website an area where consumers can register... Asked 4/09/03, 11:51 am in United States New York Consumer Law
-
Where do I file small claim/suit - DC or NY - Defective Wedding Gown I purchased a... Asked 4/05/03, 10:07 pm in United States New York Consumer Law
-
Retail installmemt contract I like to know once a annual percentage rate is... Asked 3/21/03, 4:04 pm in United States New York Consumer Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
