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J

jt27

Guest
I recently bought a used convertible from a dealer. Right or wrong, I purchased along with it an extended warranty from the car company that the dealer normally sells for. My car was a make that the dealer does not sell new. I am only 7000 miles and 3.5 months into a 36000 mile/3 year warranty. I took the car in to have the top repaired. The dealer said that the convertible top drive motor was shot and that it is not covered by the warranty. In talking with the warranty company they basically said that the contract says that everything not specifically detailed in the warranty is not covered, convertible tops not explicitly stated. The twist comes in that the dealer's finance manager said when we were going over the details that "everything" except brakes, wiper blades, etc, were covered... even the top! The contract from the warranty company does state that they cover power moonroof and power sunroof motors.
I feel as though I have been duped. Do I have a leg to stand on to get this paid for? Any recommendations or do I just never deal with either parties again and get a refund on the contract (prorated, to which I am entitled).
Thanks in advance. Additionally, I am from Rhode Island.
 


L

lawrat

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

I think your best bet is to get a refund on the amount you paid for the warranty. You see, this is what is covered by the parole evidence rule in contracts.

Essentially, the writing here is the warranty. Anything verbally stated contemporaenous with or prior to signing the warranty or purchasing it, is no good. I.e. you are S.O.L.

So, have fun with getting the refund and remember for next time to GET EVERYTHING IN WRITING.
 

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