ok, legal people in here, all of you

[RayK]

My dad already tried to get the dealership to ask for reimbursement from Ford. They said ford wouldnt give em anything. Havent asked ford yet.....

I wouldn't let the dealer do this. Maybe the dealer didn't even call. I would call myself and argue it out.

[Iroc-Z]

Although if you need help doing a motor I am in

[RayK]

Although if you need help doing a motor I am in

What does a chebbie guy know about Fords? Can you spell F O R D?

By the way. I want in to. Fun to experiment on someone else's car.












J/K

[Iroc-Z]

What does a chebbie guy know about Fords? Can you spell F O R D?












J/K

Hey now. I have a chevy but all my friends made the mistake of buing mustangs j/k. No my brother and all my friends have mustangs. Havent done a SOHC 4.6 but I have done a motor on a DOHC 4.6 so i think it may be simmilar.

[RayK]

Hey now. I have a chevy but all my friends made the mistake of buing mustangs j/k. No my brother and all my friends have mustangs. Havent done a SOHC 4.6 but I have done a motor on a DOHC 4.6 so i think it may be simmilar.

True. I like the 2V cuz it simple for simple minds like mine. 4V have too many cams..............

[LX Sport]

....4) Is this extended warranty coverage? Who purchased the extended warranty coverage? Who signed for it? What does their contractual agreement tell you are your rights? If it states, in this contract, that if coverage is denied then the owner must pay for the service, you are out of luck.....

Did you look at the warrenty agreement? did it say anything like this? Eric, make sure you know all the facts on whats going on here, double check stuff that was signed by your parents, review all the paper work you have for the car and the warrenty.

[68GTO]

if you are under 18, and everything with the car/insurance is under your name, the face that there was no written contract before them doing something to your car is illegal. them saying there was an oral agreement wouldn't stand anywhere, there has to be a written contract. the statute of limitations basically says there must be a written contract for any agreement, or else it is unforcable.

Oooo, I'm gonna have to call a flagrant foul on Metallic Pony for impersonating someone who knows to what he is referring. Loss of down, 15 yards...

Actually, the Statute of Limitations is a broad concept that applies to many situations, both civil and criminal, but it only pertains to the amount of time that can lapse before a claim in unenforceable (penalty for a crime, claim against a business, etc..) What I think you were meaning to reference is the Statute of Frauds (SOF), from the Uniform Commercial Code(UCC). Basically, your point that an oral contract (use oral instead as it means "spoken" whereas verbal means "in words") is unenforceable for this service happens to be 100% incorrect in legal theory. Admittedly, an oral contract is harder to prove and is, therefore, more difficult to enforce. Nonetheless, an oral contract is still a valid contract as long as the conditions for a contract are present (I'll save you from listing all of these now). Let's just assume they were for this topic. 'K? (Technical point: there ARE some instances where an oral contract is not permitted, as outlined directly in the SOF, but this is not one of them.)

So, if the terms of an oral contract are proven or admitted by the other party involved, it is exactly as enforceable as a written contract. Rule to live by: always get something in writing...it's a lot easier to prove later..

if you are under 18 at the time of the incident, there are a few things that apply under the infancy doctrine. you are not bound to any contract with an adult, i.e. the dealership, if they say they had an agreement with you. you have the right to cancel most contracts you have entered into with an adult, based on public policy and the behavior of the adult acting.

Not bad! The actual name, Doctrine of Infancy (OK, semantics - you got it right), is designed to protect a minor or immature person from the consequences of his/her own immaturity. This has nothing to do with "public policy" or the adult's behavior. It is law, pure and simple.

This doctrine of infancy makes the minor’s promise voidable. The minor can walk away from the contract. Funny, with minors, you are considered immature until the day before your 18th birthday. Until then, you’re immature and can only make voidable contracts. After that, you’re an adult and competent to make contracts. Period.

im not a lawyer....but i did stay at a holiday inn express

It still did not help...

[MetallicPony]

ooooo, very nice.

1) yes, sorry, meant frauds (studying for my marketings test...which is going well being im posted....so im not exactly on with my law doctrines right now). i agree there are instances where oral contract would hold up...this is where a judge would argue in the case in which it comes up.

2) doctrine of infancy, infancy doctrine....to-matoes, toe-matoes, again...brain isn't all together right now i was having trouble remembering what DoI had to do with public policy...thought i was on track but i guess not. thanks for clearing up those few points though...but i give myself credit for evern remembering the basic point of it, heh.

are you a lawyer?

[68GTO]

ooooo, very nice.

1) yes, sorry, meant frauds (studying for my marketings test...which is going well being im posted....so im not exactly on with my law doctrines right now). i agree there are instances where oral contract would hold up...this is where a judge would argue in the case in which it comes up.

2) doctrine of infancy, infancy doctrine....to-matoes, toe-matoes, again...brain isn't all together right now i was having trouble remembering what DoI had to do with public policy...thought i was on track but i guess not. thanks for clearing up those few points though...but i give myself credit for evern remembering the basic point of it, heh.

are you a lawyer?

No sir...but I play one on TV! OK....really, you did a good job. I had 3 undergrad law classes in which I excelled. I really liked it and I tend to have a good memory. Good luck studying for that marketing test!

[Stormwalker]

I don't think too many oral contracts are enforcable in court anymore, I remember that from my law classes. It pretty much has to be in writing or the court will not even take the case anymore.

As far as infancy, the worst case scenario is that his parents are held to it instead, best case is that the dealership keeps the car, and all payment that have been made on it are lost. Doubt the latter though, I think the parents actually bought the car (signed stuff, etc). I don't think infancy would be useable in this situation.



Now, would a case be made about implied warranty? Not sure, I am done even making posts in this thread with this closing thought: simply talk to a lawyer, and again, I can point you in the right direction, as I am sure others can as well. You are not going to get quality legal advice on a car forum. I know a thing or two about law, had formal schooling, and I still freely admit I can't give you advice, and I probably know more than the majority of people.

[FireStarter]

Intresting situation.

[68GTO]

...closing thought: simply talk to a lawyer... I know a thing or two about law, had formal schooling, and I still freely admit I can't give you advice, and I probably know more than the majority of people.

Actually, you CAN give advice. However, like me, our formal schooling does not make us the experts and our advice is worth every penny Emart paid for it. Ni!

[RayK]

I totally agree with Stormwalker. A good lawyer is worth the money. An hour of his time for a consultation might be money well spent.

[MisterCMK]

Weren't you having problems with the transmission as well?

[CCr]

my opinion, It's my car, I have a right to my car. I will steal my car from where ever if it was taken or held fromme illegally. Hell I'm mad right now because my car is a a buddies place torn apart. It is your property, the most I would pay is a grand for diagnostic as agreed to, then I get my car back, by whatever means. anything after that is theft. Don't be afraid to call the cops. It is your car. Yelling may help with people there, but if you get pulled into an office be nice. there are nio witnesses, therefore there is no reason to be an ass. Besides, if you are threatening in an office that gets cops involved on their side. Food for thought.