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implied warranties & misrepresentation

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nadine34WA

Junior Member
What is the name of your state?WA

Per my contract:
A car can be sold without the implied warranty of mechanicability ("as is") if the consumer "waives" or gives up, the warranty. Courts have ruled that the implied warranty is legally waived only if (1) the consumer EXPLICITLY NEGIOTIATES and agrees to the fact that the car does not have an implied warranty, and (2) the deale gives the consumer A STATEMENT OF THE PARTICULAR CHARACTERISTICS of parts of the car which are not being WARRANTED. To waive the implied warranty on a used car the above two requirements must have been met.

Ok as far as requirement # 1 --> Explicitly Negoatiated...The dealer screwed me hard here because the weekend I bought the car it was listed for $5995 (Weekend Special Deal). I talked him down to $5700. I got $295 off the car because he told me that the two front tires needed to be replaced. But on the bill of sale they had the car listed at $7995 and the negioated price at $5700. Down below where implied warranty is.."NONE. IMPLIED WARRANTY NEGOTIATED AWAY WITH DISCOUNT FROM LISTED PRICE" They have me at a discount of $2295 when it was really only $295.

Can I get them for misrepresentation??? I did not get $2000 off this car.

Requirement # 2. the statement of charactisics that are not being under warranty. The only thing the salesperson said is the the front tires needed to be replaced. Other than that I did not get any statements. The buyers guide said nothing accept on back a list of some major defects that may occur in used cars.

Only thing I waived was the extended service warranty. They wanted an additional $1200 and I didnt have the money for that.
 



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