Gtidan

Just reread the small print on my 'wheels for life' contract and saw that I initialed a box saying as part of this agreement I understand that I MUST have my service done at this dealership or my contract is invalid.

MY question is this: I paid sixteen hundred bucks for this 'tires for life' deal. In fact it's a five year or 100,000 deal on tires. Can they really enforce this and can they actually keep my sixteen hundred bucks without providing any service? Curious.

Lawyers only........please. Thanks

jdanon

I didn't think there were dedicated tire lawyers out there. You'd probably have to post all the legalese on the docs you signed to get a definitive answer.

Gtidan

It's about three lines long and clearly states: That I understand and agree to have 'all' regularly scheduled service done at their dealership or the deal is void. I'm having a hard time believing that since I paid sixteen hundred dollars they can just walk away. I realize this is America and screwing the public is a way of life here these days I still can't believe they can just do nothing and keep my money.

No flames please.......just asking.....thanks.

y2ks2k

(typical lawyer joke)

Who would actually admit it!!!

linh811

lawyers only drive bimmers or benz.... sorry

Kurtz

iTrader: (1)

They can certainly walk away from their end of the contract if you don't uphold your end (having all servce done at the dealership). This is why you should read what you're signing first.

I''m not a lawyer but have a decent grasp of contracts. You are giving them certain considerations, specifically $1600 AND and agreeement to have all your service done with them.

In exchange they are giving you certain considerations. Free tires. If you don't hold up -all- your end they shouldn't be required to hold up theirs is what it comes down to.

When you see what they charge for all the routine service you agreed to you'll realize why they were so happy to sign the contract with you.

linh811

sounds about right to me

fantom

After one term of law school I can tell you with complete certainty.....CAVAET EMPTOR!

Oh, and anyone demanding free legal advise, will receive exactly as much as he is willing to pay for. You're not getting screwed, you're just paying the tuition of life. Bet you never sign anything before you read it again.

Good luck.

06Lex350

I will give a quick and dirty answer. You could argue that the clause is unenforceable but it would probably be a losing argument (i.e. the clause would likely be enforceable). As a practical matter, it would cost you far more (time and money) than it would be worth to actually fight over such a small some of money. As one other person pointed out, caveat emptor usually carries the day (with some exceptions, of course). And yes, I am a lawyer.

Edit: I almost forgot to include my favorite lawyer "joke." If you ask a lawyer for free advice, you get what you pay for.

newis350

the answer is "maybe". Alot of service contracts state that you must perform factory recommended maintenance on the vehicle, and if you don't than the contract is void. In reality, no service contract will be voided because you missed an oil change or dealer rip-off scheduled maintenance. It really boils down to can they prove that the absense of what you did caused the problem that the dealership has to pay for. It is like, but not exactly, the issue of modifiying your car and voiding the factory warranty.

I would recommend that you contact Consumer Affairs, the Better Businesss Bureau, or other consumer friendly organization. If you want an attorney, look for an attorney that deals with contract/consumer rights.

Hope this helps.

All is not lost!!!

Zanorath

I think the first step would be to go to the service department/dealership if you haven't done so already and see if they will do anything before you jump to conclusions. I do believe that addons such as the one you got are specific to that location only so you really are stuck with the service that they give you, but you can hope for the best until then. Some service departments genuinely want to help you out and have you leave the happiest customer possible.

al503

It's caveat emptor. Since you're only in your first year, I'll cut you a break on that and that the doctrine is/was traditionally applied to tangible personal or real property (not service contracts.) As you progress through law school and gain some practical experience, you'll come to realize that the only things that are reasonably certain are death and taxes.

To the OP. Long story short: as long as you haven't availed yourself of any of the warranty, your best bet would be to ask the dealership to refund your cancel the contract. If this isn't possible, you would have to have a court rescind the contract, in which case, I would give you even money. Depending on the size and location of the fine print, the length of the contract, etc., that particular clause may be considered boilerplate. The legal system acknowledges the fact that people sign these documents without reading all of the fine print and may rescind a contract.

inxexisten

I know plenty of lawyers that also drive a lexus...although most also have a bmw or a benz...

socalJD

In SoCal, a 'decent' lawyer charges $350-500/hr. Just about every Lexus dealership nets over $1mm a year (after expenses like legal & settlements). For giggles & grins, you could try Al503's advice, but I don't like your chances. You're better off chalking this one up to experience and moving on, but it's your time & your money. . .

al503

I dun know about you but $1600 is a lot of $. Can't hurt to give up one's lunch hour and at least ask.

One of my buds traded in his car last week for a IS250. He does a lot of impulsive things and he often suffers the consequences.

Turns out the 250 just doesn't have the power he's looking for. He calls up the dealership and they take the 250 back and give him his car without bending him over for $.01. I was surprised also.