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Can I sue the car dealership for not giving me refund on GAP insurance and extended warranty?

  • I live in Georgia and my elderly parents bought a used car about a month ago with 30% down payment. The dealership tried to take advantage of them by selling extended warranty and the GAP insurance. GAP insurance is pretty much a scam in this case and although extended warranty can be helpful, the car only had 30K miles. Well, on the same day, we asked them to take the charges off. They refused at first butfinally agreed to take it off. They refused to write up a new contract and said they would get the refund and apply to the principal balance and we agreed. All the cancellation papers were signed and was told it would take two weeks to process and settle. Its been 3 weeks and they are avoiding my calls and sending me text that reads "this is out of my hands". What could I do in this case? I dont want to get an attorney, since it will exceed anything I can get fro the dealership. Can I take this up to small claims court? What is the best course of legal action I can take? Thank you.

  • Answer:

    Sorry to hear that. First thing first. "They refused to write up a new contract and said they would get the refund and apply to the principal balance and we agreed. All the cancellation papers were signed and was told it would take two weeks to process and settle." NEVER EVER EVER sign anything that requires them to make promises (because they never deliver), MOST OF ALL with a car dealership. Frankly, I am not surprised that they are avoiding your calls and pretending to be helpless. Secondly, you say that you don't want to get an attorney, but you need one here, if you really want to sue the dealership, although I'm not sure you really have a case YET. You should visit the dealership in person and try to sort this out. Record everything that occurs, including everything they say. Call and email and text. Build your case. And then talk to a good lawyer who will take your case.

David at Yahoo! Answers Visit the source

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Other answers

You will never be able to get anything through small claims. They did not HAVE to give you a refund. The insurance and warranty might be a bad deal, but your parents are adults and are expected to be competent to negotiate their own purchases. A small claims court judge cannot void a contract such as that.

The Great Quizoo

Smal claims court. You could also try picketing in front of the dealership. BUT Stay on public property. All signs and handouts must be completely truthful and accurate. If they are convinced they'll lose sales, they'll fold.

dobberx

Contact the BBB for your area. I waited 4 months for a refund and a letter to the BBB got me a check in 2 weeks.

billy j

See if the Legal Aid Society will take your case..

Bob

yes, make sure you have all the paper work...

master mind

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