Breach of Contract

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Old Aug 15, 2005 | 12:06 PM
  #1  
VITEK's Avatar
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From: Da HELL A WHERE?
Breach of Contract

I just spoke to a lawyer about the transmission problems with my car, and she told me because i bought the car used that i cannot be eligible for the buy back. She did say however that i could pursue some compensation for damages and she specifically said that it was "Breach of Contract" now im not sure if you all know about this or even if you have even heard of it, but i am curious for those who have, how long does it take? how much did you get? is it worth the time? i mean the legal help WAS free to me, but i just wana know more about it, i called her and left a message but she didnt get back to me yet so anyone that knows something let me know please!!!!
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Old Aug 15, 2005 | 12:51 PM
  #2  
SatinSilverTypS's Avatar
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From: Dutchess County, NY
i think my question is breach of "what" contract?

i would think she is correct that you are not eligible for the buyback, although maybe some of the others have gotten it. perhaps there is some way you can get them to agree to take your car as trade in for a new TL, but even then why not just do it as a normal sale? (unless they refuse to take it that is). i don't know how much legal recourse you would have other than to force them to replace your tranny if you happen to be over 100k miles.

this may be a waste of money for you if you go beyond the free advice. i would hate to see you get into it and then find out there's nothing you can do for yourself.

SSTS
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Old Aug 15, 2005 | 12:58 PM
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A warranty is a contract. When you sign the papers on a new car, you're also agreeding to the terms of the warranty that comes with it, and the same goes for extended warranties.

Now the part I don't understand is how this is a breach of contract. Acura hasn't broken any part of the warranty, as far as you're describing the situation. A buy-back of a vehicle due to problems is not specified; rather it is done through negotiation and mediations and it doesn't concern the warranty really.

Acura isn't going to give you money for transmission problems. Don't even waste your time trying.
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Old Aug 15, 2005 | 12:59 PM
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From: Da HELL A WHERE?
thanks for the quick reply, what the lawyer said to me is that not only the advice but to have her as my lawer is free because the attorneys fees are demanded from the manufactuer, right now my car is @ 78k and i have an appointment to have my 3rd tranny put in, i've had my car for 1 year and it was bought with 34k on it, she told me that Acura would be compensating me for "Damages" but im not sure exactly What damages she meant. what i'm going to do is call her sometime this week and then see excatly what she means. and ill post it here . but if anyone lives in the tri-state area then you can go to the website and or call their offices, they are based out of PA i think.
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Old Aug 15, 2005 | 01:02 PM
  #5  
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Ganji, Want some?
 
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From: Da HELL A WHERE?
Originally Posted by Pure Adrenaline
A warranty is a contract. When you sign the papers on a new car, you're also agreeding to the terms of the warranty that comes with it, and the same goes for extended warranties.

Now the part I don't understand is how this is a breach of contract. Acura hasn't broken any part of the warranty, as far as you're describing the situation. A buy-back of a vehicle due to problems is not specified; rather it is done through negotiation and mediations and it doesn't concern the warranty really.

Acura isn't going to give you money for transmission problems. Don't even waste your time trying.

Well, im sure what your saying is logical, but at the same time. this is what she was telling me and if its untrue it's not like i wasted any money, because the legal help is at no cost to me! hold on ill see if i can get a web site.

here it goes Lemon Lawyer
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Old Aug 15, 2005 | 02:00 PM
  #6  
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Originally Posted by VITEK
to have her as my lawer is free because the attorneys fees are demanded from the manufactuer,
Umm, yeah... only if you win. And even then, only if you specify legal representation fees in the lawsuit against Acura. And you have to have it awarded to you by the judge. Acura isn't going to pay for your lawyers fees; otherwise every Joe in the country would start suing Acura for little things.

Generally, lawyers specify a certain percentage of the winning amount as their fee. If you lose, then the lawyer gets nothing (but some lawyers would still require a base fee or something like that). If you win, then you could be giving as much as 40% to your lawyer. But it depends on the case, amount of money being sued for, and of course, the lawyer.

Don't just dive into this head-first, man. You've gotta remember that you will be fighting a multi-billion dollar MNC, and you can bet your ass that they have some of the best lawyers on speed-dial. It won't be a short battle, and it could possibly be drawn out for years. Make sure to discuss the specific terms with your lawyer, so you don't end up paying for a lot of shit even when you lose.
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Old Aug 15, 2005 | 02:05 PM
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Ganji, Want some?
 
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From: Da HELL A WHERE?
Don't just dive into this head-first, man. You've gotta remember that you will be fighting a multi-billion dollar MNC, and you can bet your ass that they have some of the best lawyers on speed-dial. It won't be a short battle, and it could possibly be drawn out for years. Make sure to discuss the specific terms with your lawyer, so you don't end up paying for a lot of shit even when you lose.

thanks for helping me out, im going to call the lawyer and make sure that this isnt something that will bite me in the ass later on, thanks Pure Adrenaline
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Old Aug 15, 2005 | 03:49 PM
  #8  
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Slightly off topic, but I'm still waiting for a settlement from the State Farm aftermarket parts litigation. I believe the plaintiffs were awarded over $400 million in 1999 and I think SF is still fighting the ruling despite the Appeals Court upholding the decision. It'll take some time for sure.
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