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Old 05-12-2005, 12:19 AM
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Join Date: May 2005
Posts: 5

Implied warranty & bad ck from dealer


What is the name of your state? Florida

I recently purchased a car (convertible) that was 9 months old with 15,000 miles from Maroone Ford in Miami. I inspected the car and then signed the papers with the financial dept. This process was completed about 30 minutes after the dealer closed. The buyer's guide had "Warranty" checked, but no check for "Full" or "Limited" and no % was filled in. It did note the factory warranty still applies. I went to the salesman for the car, and when he handed me the keys, I asked for the second set with the remote. He went to get them, but returned saying he couldn't find them right then but had seen them before. Because they were closed and most everyone had left, he said he would have to look for them the next day. I also didn't know that the car requires an expensive transponder key. When I asked him where the convertible boot cover was, he said they keep those parts locked up, but he didn't know if he could find that either. He said he would take it up with management if they couldn't find the missing parts. Additionally, the excess paid in advance for title and tag fees was refunded by their check ($40) that bounced. Mulitple phone calls got no futher on any issue.

The price for the transponder key, programming & remote is about $180, and the boot cover is $438.

The car was fully paid for with 3 charge cards. I filed disputes with the card companies, but 2 said it was a matter they couldn't address. The third split the missing parts from the bad check issue, and are investigating both. It is also my contention that the refund should have been made back to a credit card since it was paid with a credit card.

These are my questions:
1) Does the dealer have an obligation to replace the missing parts that they indicated they had previously in their possession but misplaced, especially since I had no opportunity to know that the parts were missing as they keep them locked up?
2) Does the dealer have to disclose missing parts that are not available for inspection?
3) Was the refund required to be to the credit card, not by check?
4) What are my options? (All suggestions are welcome)

Thanks in advance.
  #2  
Old 05-12-2005, 06:20 AM
itsacatsworld
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Posts: n/a
Since its a used car did you get it in writing before you signed the purchase agreement what was missing and what you expected with your purchase**************...Im a firm believer when I buy a car if theres going to be extras like mats, free oil changes, keys etc. get it in writing or they have no legal obligation to do it**************..Talk to the GM or OWNER and see what they say. Most folks want to keep a customer happy. Tell them what you were promised and that is what made the sale. Id fire a person on the spot if they treated customers like that, its not good business.
  #3  
Old 05-12-2005, 07:15 AM
Junior Member
 
Join Date: May 2005
Posts: 5
The deal was signed before I found out what was missing. While I understand I am responsible for inspecting a used car, it is hard to inspect items that are kept locked up. How many people would would require the dealer to show them the second set of keys and remote before signing? I was thinking that even buying a new car, if the dealer lost a set of keys, it isn't written that you get 2 sets. Would getting the keys with the car be an implied warranty? If so, would it only be limited to one set, or what the car came with. What makes this different, in my mind, is that thoroughly inspecting the car wouldn't disclose missing parts that would not normally be attached to or inside the car. Plus, the car was not bought as-is, but came with a dealer warranty and remaining factory warranty.

Last edited by cpusrvc; 05-12-2005 at 07:20 AM.
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