Westernskies
Thinks s/he gets paid by the post
- Joined
- May 5, 2008
- Messages
- 3,864
He's not "independent' he is a "dealer'. people walk through the door because he has a big "GM" sign on the door.
It's a specific violation of the Maryland dealer licensing law to fail to honor a Automobile warranty contract
TRANSPORTATION
TITLE 15. VEHICLE LAWS -- LICENSING OF BUSINESSES AND OCCUPATIONS
SUBTITLE 3. DEALERS Md. TRANSPORTATION Code Ann. § 15-312 (2010)
§ 15-312. Prohibited acts -- Vehicle sales transactions
(g) Failure to comply with terms of warranty or guarantee. -- A dealer or an agent or employee of a dealer may not willfully fail to comply with the terms of a warranty or guarantee.
To be technical GM makes promises directly to the customer, including a promise that dealers will do certain things. Dealers sign off on those promises both when they get a dealership and second when they sell cars using the GM paperwork. Consumers are third party beneficiaries of the Gm-Dealer contracts. If a dealer defaults on the primary automobile contract, the consumer can sue Gm directly for performance. So GM is fully responsible for the failure of the dealer to properly service the customer. Since GM is responsible for the action of the dealer, their contracts give them the necessary control Many states license dealers Maryland law requires the parties to submit the contracts as part of teh license
§ 15-203. Application for license
(b) Documents required. -- Each applicant for a license shall submit as part of the application:
(1) A copy of each form of any new vehicle warranty currently given or offered by the applicant;
(2) A copy of each form of franchise and any other contract with dealers used by the applicant, together with a list of dealers in this State who hold a franchise from the applicant;
(3) A copy of the vehicle preparation and delivery obligations of its dealers; and
(4) A statement of the compensation the applicant agrees to pay a dealer for parts supplied and work done by the dealer under:
(i) The preparation and delivery obligations referred to in item (3) of this subsection; or
(ii) Any outstanding express or implied new vehicle warranty.
§ 15-206.1. Good faith
(a) "Good faith" defined. -- In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.(b) Required. -- A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, or representative, may not fail to act in good faith:
(1) In acting or purporting to act under the terms, provisions, or conditions of any franchise agreement; or
(2) In any transaction or conduct governed by this subtitle.
So if a dealer screws a warranty customer, it is a violation of law.
Take a copy of the above regulations to your local dealer (the one that you didn't buy the warranty from) tell them you think they were screwing you on the warranty and so you bought it somewhere else- and demand that they service your car NOW.. or else... Then get back to us with a real-world situation report and let us know how that goes for you. You live in a fantasy world, where everyone is out to screw you, maybe you should take a step back and consider why