When does a Warranty period start?

[hunter548]

What is the name of your state? New York

11/25 - I purchased a used car from a dealer. In the Bill of Sale, I agreed to purchase warranty coverage from a separate warranty company.

11/25 - I also signed the contract for the Warranty company that same evening and the contract was dated 11/26 for effectivity the following morning. The Dealer assumed responsibility for mailing in the warranty contract to the warranty company.

11/27 - I noticed the car drove oddly and had problems when in reverse. I contacted the dealer that day and was told to bring it in immediately to an authorized repair facility.

11/29 - I brought the car in to the repair facility.

12/02 - Signed copy of the warranty contract was received at the warranty company.

12/03 - The repair facility determined that the transmission was defective and needed replacement. They contacted the warranty company and were told that warranty coverage for the repair would not be honored as they were not in possession of the contract on the day I brought it in for service.

The warranty contract states that "the warranty goes into effect on the day the contract is accepted by the warranty company".

NYS Lemon Law states the all used vehicles will be covered by a warranty from the date of sale.

My question is, do I have a legitimate complaint and if so, who is liable for the repairs?

I appreciate any responses.

 

[rmcnellis]

you said that when you signed your paperwork, you did so with the understanding that your warranty would take effect the very next day. that being said, either a dealership employee stated as such or somewhere in your paperwork it states that your warranty was set to take effect on 11/27/02. if the contract is stating that it takes effect when it is accepted by the warranty company, it is the dealership's responsibility to get it to the warranty company. that warranty is not between you and the warranty company - it is between your selling dealer and the warranty company. and if the dealer is negligable for getting the warranty paper work into the warranty company, then they are responsible for your repairs. the warranty company cannot accept what they do not receive and obviously they did not receive it by the date the dealer told you. i called a couple of the extended warranty companies i deal with daily at my dealership and this is their policy: the warranty takes effect the day the papaerwork is signed and dated (the "date of sale" part of the contract) if it is a used car and if it is a new car, it takes effect after the factory warranty expires. good luck.