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  1. #1
    Join Date
    Jun 2009

    Default Individual Suing a Business

    My question involves business law in the state of: Minnesota

    I purchased a new vehicle from a dealership in Minnesota in 2004 along with an extended warranty. The dealership (the vendor of the extended warranty) offered a buyback agreement if I never made any service claims against the extended warranty during the period of the extended agreement. The extended warranty expired in May of 2009 and I never made a claim against it and I have written proof from the program provider that I never made a claim. At the time of purchase, the owner owned a Chevrolet and Toyota Dealership. Since the time I purchase my extended warranty, the owner sold the Chevrolet Dealership to another dealer but retained the Toyota Dealership. I went to the owner's Toyota Dealership, brought all my paperwork that I needed, and requested a refund of the extended warranty like they promised and signed for. I sent a notice(certified mail) to the owner saying that I wanted my money by this Friday(the last day to request benefits) or I would take him to small claims court. The owner responded saying that the Chevrolet corporation was totally dissolved and all assets were sold to the other dealership and there was no way I can get my money back that they rightfully owe me.

    I want to take the owner of the dealership that sold me the extended warranty to small claims court and want to know what the odds are of me winning the case for the value of the warranty $1700 and court costs. I have all the paperwork needed. It took me 3 weeks of dealing with the owner's dealership just to get a response. Since I have only 30 days to claim the refund it seemed like they were just trying to ignore me and push me past the 30 days and then they were off the hook.

    Thanks in advance for any help anyone can provide.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Individual Suing a Business

    I can't investigate his story, so I have no way of telling you your chances in court. You may wish to try by initiating a complaint with the attorney general's office, to see if that helps you get relief or information that will help you in court. I suggest identifying both the former owner of the dealership and its new owners as subjects for the complaint, as sometimes the buyer acquires the liabilities of a company along with its assets.

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