Purchased car w/ Ford extended service plan, plan is invalid

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Latest post Wed, Mar 22 2017 6:52 AM by OliviasMom. 17 replies.
  • Thu, Mar 16 2017 3:31 PM

    • FraWin
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    Purchased car w/ Ford extended service plan, plan is invalid

    I purchased a 2013 car from a private party who is the original owner and advertised it as having the Ford ESP (Extended Service Plan) till 2020 and 75,000 miles. The car has only 31,500 miles on it and the seller had the ESP contract signed by the dealer. The ESP contract is transferable. The seller met me at the dealer he purchased the car from a week after I bought it to transfer the warranty (Ford allows 60 days). The dealer looked at the contract, recorded some info, had the original car owner sign off on the contract and recored my name and info and I paid the $75 transfer fee. Later that day the dealer calls me to say they went to record the transfer with Ford and there is no ESP on that car so they manualy pulled the actual sales contract to look and see what's going on. Turns out the original contract was voided after signing and a new contract written up without the Extended Service Plan. The ESP was $2450 back in 2013. The extended coverage today from Ford to give me the same coverage till 2020 and 75k miles is a whopping $3000.

    I now have a car with no warranty. Does the seller owe me the cost of a warranty? The Ford dealers only wrong doing here is failing to get the ESP contract back from the buyer when the sales contract was re-written. Is this a winable small claims case? and, for $2450 or the current $3000. and .. should I include the Ford dealer in the small claims filing just to cover my butt?

     

  • Thu, Mar 16 2017 3:54 PM In reply to

    • Drew
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    Reads like seller failed to deliver that which,was bargained for....what does seller say? 

    To me it's logical to insist seller,cure it and in general law favors you give him that window.....either he buys/delivers ESP good thru 2020/75k or he reverses out the whole deal ....but be prepared to add heat to equation...

     



  • Thu, Mar 16 2017 3:59 PM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    To clarify some things.

    The same extended plan is $3000 now because Ford considers the car "used" .

    Since the dealer did sign the extended service plan and give a copy to the original buyer back in 2013, I'm thinkinjg I should include them in the filing and let the arbitrator make the call. That and the fact that the dealer looked at the contract and proceeded to do the transfer when we went to the dealer.

     

  • Thu, Mar 16 2017 4:02 PM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    Drew,

    I haven't contacted the seller yet. The car was bought last Friday and we went to the dealer today to do the warranty transfer.

    I'm in an info gathering mode as I just don't think the seller will bend or want to make things right.

  • Thu, Mar 16 2017 4:28 PM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    FraWin:
    Does the seller owe me the cost of a warranty?

    Do you have a written contract with the seller that mentions this warranty?  Not a necessity, but it will make things easier.  It sounds like the deal was for the car and the tranfer of warranty for whatever you paid for it.  The seller delivered the car but not the warranty.  You're entitled to the benefit of the bargain, so I think you probably have a strong claim for either the cost of the warranty or a refund (or outright rescission of the deal).

     

    FraWin:
    The Ford dealers only wrong doing here is failing to get the ESP contract back from the buyer when the sales contract was re-written. Is this a winable small claims case?

    I'm not sure if the question refers to the sentence immediately preceding it or if it is just a general question.  If the former, no.  If the latter, see my prior response.

     

    FraWin:
    should I include the Ford dealer in the small claims filing just to cover my butt?

    That would be frivolous.  You have no valid claim against the dealer (assuming you got your $75 transfer fee back).

  • Thu, Mar 16 2017 4:29 PM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    FraWin:
    I haven't contacted the seller yet.

    You need to do that before you do anything else.

  • Thu, Mar 16 2017 4:59 PM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    Thank you for the fast responses.

    I have called the seller and he is going to talk to the dealer tomorrow.

    Yes, the dealer was very quick to refund the $75 transfer fee.

    Yes, the car was listed on Craigslist with pictures and VIN and made clear mention of the warranty till 2020 and 75k. I printed the page so I do have that in print. Plus, I dropped the contact menu down where his name and telephone number was and printed it (in case I got lost when going to look at the car) so I have the ad with contact info on one printed page.

     

     

  • Fri, Mar 17 2017 7:18 AM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    Contact the seller and tell him you want him to buy back the car, or refund you the cost of the extended warranty. See what he is willing to do fist. The Ford dealer does not have much to do with this the transaction was between you and the seller.

    He misled you and he had to have known there was no ESP on the vehicle. Sounds like the seller changed his mind after the contract was drawn up and removed the ESP. Happens all the time. The Finance depts at dealerships really hard sell this stuff to buyers.

    Save all correspondence and the ad to which you found the car.

     

  • Fri, Mar 17 2017 8:16 AM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    OliviasMom:
    Contact the seller and tell him you want him to buy back the car

    Good morning, The problem with that is I've already spent an easy $500 with registration, insurance upgrades, windshield sun shade, full inspection with oil change and air filter, etc. etc.

    I'm a disabled Viet-nam vet and for the last 2 decades I've been driving an old Volvo. Having a new(er) hybrid car is a refief as I was always worried when I drove the old Volvo the 160 miles to the VA hospital. What I'm trying to say is.. I like the car.

    OliviasMom:
    He misled you and he had to have known there was no ESP on the vehicle. Sounds like the seller changed his mind after the contract was drawn up and removed the ESP. Happens all the time

    That's exactly what happened. I talked to the finance manager at the dealership and he pulled the paperwork and confirmed that the original contract was voided and the new contract written up, minus the ESP.

    While typing this the seller called me saying he is waiting for a call back from someone at the dealer. He made a point of making sure I kinew that if he has the paperwork (ESP contract), he must have a warranty.

    He will most likely not want to make this right and I think I will end up in small claims court. I already see that he is trying to blame the car dealer. Playing chess and looking at possible results. If I file the claim against just the seller and he's able to convince the arbitrator the car dealer is at fault and closes the case and then if I file against the car dealer and another arbitrator says the car dealer has no responsibility and closes the case then I can't refile against either as small claims judgements are final.

    This is why I wanted to file against both in a single case. This way, when the original buyer blames the dealer and the dealer says the buyer is wrong the arbitrator can then asign fault.

     

     

     

  • Fri, Mar 17 2017 12:10 PM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    Well give the seller a few days to work this out but if you get nowhere, its off to court you go.

    It is possible you may be contacted by a court TV show as well. They will pay the judgement if its awarded in your favor.

     

     

  • Fri, Mar 17 2017 3:32 PM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    FraWin:
    This is why I wanted to file against both in a single case. This way, when the original buyer blames the dealer and the dealer says the buyer is wrong the arbitrator can then asign fault.

    I did a little searching, and according to this webpage, you can subpoena witnesses.  So rather than to sue the seller and the dealer, you could sue the seller and subpoena the dealer to testify, give a deposition, and/or produce evidence.

    Have you asked the dealer to show you the warranty-less contract so you can at least check that (1) the date was later than the contract with the warranty and (2) the seller did indeed sign it?

    It would be a good idea regardless to find out as much as you can now from the small claims court that has jurisdiction (usually in the county where the defendant lives) about how to proceed with your small claims case.  As part of that effort, you could see if among the forms they make available there is a witness subpoena you can use.

  • Fri, Mar 17 2017 6:09 PM In reply to

    Re: Purchased car w/ Ford extended service plan, plan is invalid

    FraWin:
    He made a point of making sure I kinew that if he has the paperwork (ESP contract), he must have a warranty.

    Sounds like he is shining you on...did you think to ask him whether he had PAID for that ESP?

    As far as suing the dealer goes, one reason I think it's unnecessary is that I'm pretty sure you don't HAVE to prove it wasn't the dealer's fault.  The car didn't have the promised ESP, so the seller should make it right with you and then if he wants to HE can sue the dealer.

    Did you sign a bill of sale or purchase agreement?  Ideally it would have said you were buying the vehicle on condition its ESP would be successfully transferred to you, but it should at the least NOT say you were buying the vehicle "as is."

  • Fri, Mar 17 2017 8:13 PM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    karen2222:
    Sounds like he is shining you on...did you think to ask him whether he had PAID for that ESP?

    Evening Karen. Well, the fellow who sold me the car says that the dealer is correct. There is no Extended Service Plan on this vehicle.

    I was suppose to call him back later in the day today but I didn't. More .... over the weekend. I've got an estate auction early in the morning and I'm hitting the sack. 

  • Sat, Mar 18 2017 3:31 PM In reply to

    • Drew
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    SO there is no ESP...but the subject of the bargain per your post was the car with the ESP and the seller flat out dropped the ball...and picking up the ball is not even close to impossible ..at least as per post, seller walks $3000'in to dealer and buys ESP in your name ...but muster up the steps to sue seller ....



  • Tue, Mar 21 2017 3:47 PM In reply to

    • FraWin
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    Re: Purchased car w/ Ford extended service plan, plan is invalid

    UPDATE (3-21)

    The seller didn't even want to talk about it and hung up on me.

    In reviewing the details of my situation, is it the opinion of the community that I should be able to win this in small claims court?

    I have the printout of the Craigslist ad. The ad body precisely reads:

    .... "one owner, Extended Service Plan included. Expires 3/30/2020 or 75,000 miles whichever comes first"

    Is my printout of the Craigslist ad sufficient? or should I request a copy direct from Craigslist after I file?

    Thanks, .. Frank

     

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