Any internet educated legal scholars?

[TankTop5]

So I bought a certified pre owned vehicle almost two years ago and the paint is separating. The vehicle comes with a two year bumper to bumper warranty but the manufacturer claims the paint is not covered. There is no publicly published information stating the paint isn’t covered, the dealership had to look it up but only current warranty information is available to the dealership, last years warranty information is deleted by the manufacturer and replaced with current warranty information. The dealership can’t even verify what warranty was in effect when I purchased and the manufacturer wrote me an email where the assured me it’s not covered but won’t provide me any documentation stating it isn’t covered.

What do you guys think my odds are on a slam dunk lawsuit?

edit ad: I found warranty information from 2017 where the paint isn’t excluded on the NHTSA website but the current 2020 warranty does have an exclusion for paint. The car was purchased in 2019.

 

[panteragstk]

So I bought a certified pre owned vehicle almost two years ago and the paint is separating. The vehicle comes with a two year bumper to bumper warranty but the manufacturer claims the paint is not covered. There is no publicly published information stating the paint isn’t covered, the dealership had to look it up but only current warranty information is available to the dealership, last years warranty information is deleted by the manufacturer and replaced with current warranty information. The dealership can’t even verify what warranty was in effect when I purchased and the manufacturer wrote me an email where the assured me it’s not covered but won’t provide me any documentation stating it isn’t covered.

What do you guys think my odds are on a slam dunk lawsuit?

edit ad: I found warranty information from 2017 where the paint isn’t excluded on the NHTSA website but the current 2020 warranty does have an exclusion for paint. The car was purchased in 2019.

I had to sign a ton of paperwork when I got an extended bumper to bumper warranty for the only car I've ever gotten it on. I figure you would have had to as well. Good that you found the old warranty information. BS like this is what will (hopefully) lose shady warranty companies business.

 

[TankTop5]

I had to sign a ton of paperwork when I got an extended bumper to bumper warranty for the only car I've ever gotten it on. I figure you would have had to as well. Good that you found the old warranty information. BS like this is what will (hopefully) lose shady warranty companies business.

This is actually the manufacturers certified pre owned warranty, not a dealership warranty. There’s no documentation you sign other than the mechanics inspection which is a manufacturer created document.

 

[TankTop5]

Just to add a warranty is technically free and comes from a manufacturer, one you purchase is legally defined as a service contract. When you buy a new car you don’t sign for the warranty because it’s included, sales as a certified pre owned.

 

[panteragstk]

This is actually the manufacturers certified pre owned warranty, not a dealership warranty. There’s no documentation you sign other than the mechanics inspection which is a manufacturer created document.

That makes sense. I could have sworn I had documentation on my 100k powertrain warranty. Now you're making me want to look for it.

 

[mtrycrafts]

What year is the vehicle? I would copy that 2017 warranty and ask the company where in that warranty paint is excluded and how does the new 2020 warranty apply to that older vehicle? Then may want to search for a lawyer to take it on and send copy for both warranties, older and newer. Are there warranties in between years or does that paint exclusion started in 2020?

 

[TankTop5]

What year is the vehicle? I would copy that 2017 warranty and ask the company where in that warranty paint is excluded and how does the new 2020 warranty apply to that older vehicle? Then may want to search for a lawyer to take it on and send copy for both warranties, older and newer. Are there warranties in between years or does that paint exclusion started in 2020?

I don’t have the years in between and the dealership can’t even access them. It’s a 2015 purchased in 2019 so I think the 2019 warranty would apply.
I think small claims would be my best bet. I bought a car with a number to bumper warranty and half the car isn’t covered. There is no fine print, in fact there is no print at all. I think I win in 2 seconds.

 

[mtrycrafts]

I don’t have the years in between and the dealership can’t even access them. It’s a 2015 purchased in 2019 so I think the 2019 warranty would apply.
I think small claims would be my best bet. I bought a car with a number to bumper warranty and half the car isn’t covered. There is no fine print, in fact there is no print at all. I think I win in 2 seconds.

So, the warranty was issued for the used 2015 car when you purchased it in 2019.
That 2017 warranty is probably for a brand new 2017 car. I guess they may try to claim it doesn't apply to your car unless it is also applicable to certified pre-owned cars.

Is the paint pealing all over or just the top and trunk lid probably and maybe the hood? I have seen cars with peeling paint on those surfaces and am surprised as I had a 28 year old car that didn't peel. and now a 12 year old car with fine paint job.