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Used Car Warranty

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Pete947

Guest
I purchased a used car in Illinois. The car came with a 3 month, 3000 mile warranty. One week after the purchase I brought the car back to the dealership because it was using oil. They informed me that the engine is bad and needs to be replaced. They stated that the warranty was through a completely separate company and the repairs were denied by the company. They tell me that I must deal with the company myself and they have nothing to do with it. The warranty sticker in the window said that the warranty was a dealer warranty but the dealership apparently contracts out the warranty. Prior to the purchase I asked the salesperson if significant mechanical issues were found with the car would the warranty cover it and was told that the warranty would apply as long as the defects were found within the warranty period. My questions are:

Is the dealership responsible to repair the car?
Do implied warranties exist in Illinois?
What is the best approach to deal with this situation? I am considering small claims court. What is the best position that I can take and where can I find information to support my position?
Does Illinois' Lemon Law apply here?
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Doesn't matter where warranty originated. This separate entity may be the principal but the dealership who gave you the warranty is the agent -- hence implied authority, hence responsibility. let them get the money/cost of repair from the principal not you.


As for illinois lemon law:

http://autopedia.com/html/HotLinks_Lemon.html
 

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