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Forum -> Judaism -> Halachic Questions and Discussions
Halachas of Warranties



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amother


 

Post Thu, Oct 14 2010, 12:07 pm
I have to be anon b/c there are people on here who know me and my sn and if this is not an issue I want to avoid LH against the person I am talking about (and they will know who that is also). I'll try to keep this as short as possible.

We recently bought a much needed and much awaited for second car. We bought the car through a mutual family friend who does business through a car dealership. When we test drove the car, I noticed a creaking sound that, after a check by the mechanic pre-purchasing the car, we were told could be attributed to shocks and that replacement would be covered by the warranty on the car. We took everything at face value b/c DH, his family, and the entire community have a long standing trust with this person and cars. So we bought the car, the warranty, and everything. However, over Chol Hamoed I took the car to the shop to have the creaking fixed and was told that b/c the car was so new the warranty would not yet cover the work as it was a pre-existing condition, and I should come back in November to have it looked at. To do it now, I would have to cover the entire cost myself. At the time of the car purchase, this friend assured me directly that should the pre-purchase check find anything, he would lower the cost of the car to cover the purchase. However, he added, since the shocks were covered under warranty the cost of the car remained the same. He never once mentioned not bringing the car until November, I was led to believe I could bring it in any time and the warranty would be in effect. Imagine my surprise when this was not the case.

Now, the mechanic and everyone have said the creaking is not a big deal, and can wait (the mechanic also added that he couldn't guarantee it WAS the shocks and that the car would need further examination to see what was causing the creaking, but that's a whole different issue). Now my question is this. If warranties do not cover pre-existing conditions, and this IS a pre-existing condition since it was definitely known prior to the purchase, is it really alright to bring the car in November and let the warranty cover the cost? I feel like that would be stealing from the company. The only other option is to pay it myself, something we did not budget for at all. I'm leery of asking our Rav, as this person knows and has sold cars to just about everyone, including for sure our Rav and most other people in the community. I feel like I'm between a rock and a hard place, I'm really upset at being what I feel is the equivalent to being manipulated and potentially lied to, and I already told DH I have no intention of doing business with this person again. But for now.. What do we do about the car? There is no way the guy is going to cover the cost, of that I can assure you.
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