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Tire and wheel warranty Fraud

 
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Old 03-14-2019, 05:33 AM
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Tire and wheel warranty Fraud

This was my original post one year ago, "The clearly bent rim was rejected by my dealer/insurance agent. The fine print read that,"as long as the rim holds air" no damage will be covered. The dealer would not budge even though I told him the finance guy made a good sales pitch that these wheels and tires are expensive to fix and the warranty would cover most damage. I then asked the dealer to put in writing that the tire and wheel are to manufacturer's specs and are deemed safe. He did not, I cancelled an upcoming car on order and moved on."

This week I must have hit a pothole and the tire went flat. I took it back to the dealership and they replaced the tire. I asked why the rim was not changed. Everyone at the dealership acknowledged that it was bent. They looked at me like I didn't get it. They stated as long as a tire holds air they will not replace the wheel. Now it meant a new tire not the original tire they alluded to last year. I have no words for this dishonesty.


 
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Old 03-14-2019, 09:59 AM
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That is total bull*hit! I also purchased this insurance but I have not had any claims against it. Sorry for your issue!
 
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Old 03-14-2019, 06:13 PM
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I would cancel the coverage and take them to Small Claims court for any money not refunded. I hate dishonest dealerships.
 
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Old 03-14-2019, 10:54 PM
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I’d be pissed too. Very dishonest. Which instance is it?
 
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Old 03-15-2019, 05:55 AM
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Originally Posted by Fester View Post
Id be pissed too. Very dishonest. Which instance is it?
2nd instance. Here is the kicker- I bet you they will want me to replace the wheel when I return it once my lease is up.
 
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Old 03-15-2019, 03:45 PM
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Have you reached out to PCNA and filed a complaint? I would be insane over this. I would definitely take them to court and never buy another car from them. Also you can go public on Social Media, dealers hate the bad vibe.
 
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Old 03-15-2019, 03:52 PM
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I had a similar situation and all they did was point to the fine print that says is the wheel holds air it will not be replaced...
 
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Old 03-15-2019, 07:33 PM
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Originally Posted by 2020 View Post
2nd instance. Here is the kicker- I bet you they will want me to replace the wheel when I return it once my lease is up.
Which insurance is this?
 
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Old 03-16-2019, 11:02 AM
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this is fraud in the inducement. I suggest that you sue the dealer under your states's unfair trade practice and consumer protection law.
it sounds like you did not see the policy before you purchased it and that the dealer misrepresented the coverage.
 
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Old 03-16-2019, 03:15 PM
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Unfortunately I don't think that will fly. If you read the warranty it say that a wheel will only be replaced if it doesn't hold air.

So fraud no, sneaky yes...
 
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Old 03-16-2019, 03:57 PM
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Originally Posted by msgm1 View Post
Unfortunately I don't think that will fly. If you read the warranty it say that a wheel will only be replaced if it doesn't hold air.

So fraud no, sneaky yes...
Fraud yes if the dealer promised certain terms and or limitations that were not in the policy the dealer delivered.


 
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Old 03-16-2019, 05:31 PM
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Originally Posted by rnl View Post
Fraud yes if the dealer promised certain terms and or limitations that were not in the policy the dealer delivered.
you would unfortunately have to prove that there was what is called a "side deal" - it would have to be written. Otherwise the contract you signed is the one that will hold up.

Like the other posters have said, you can try taking them to small claims - my take is that they will win unless you have something to show fraud. Your best course is to contact Porsche NA and file a complaint, and to cancel your wheel warranty (they are almost ALWAYS like lighting hundred dollar bills on fire).

Sorry that youre going through this.
 
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Old 03-16-2019, 06:45 PM
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Originally Posted by skilly2000 View Post
you would unfortunately have to prove that there was what is called a "side deal" - it would have to be written. Otherwise the contract you signed is the one that will hold up.

Like the other posters have said, you can try taking them to small claims - my take is that they will win unless you have something to show fraud. Your best course is to contact Porsche NA and file a complaint, and to cancel your wheel warranty (they are almost ALWAYS like lighting hundred dollar bills on fire).

Sorry that youre going through this.
Where did you attend law school?
Fraud in the inducement is the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, inconnection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid whether or not any person in fact has been mislead, deceived or damaged thereby, is declared to be an unlawful practice.

If the sales person represented that insurance would cover a bent wheel to sell you the policy and the policy does not cover it, it's fraud. The issue of a written representation goes to the proof. A verbal representation is just fine.
 
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Old 03-16-2019, 08:41 PM
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I am not a lawyer but it seems this will be a case of "he said, he said" and the dealer would win in court. My advice is what others recommended - post as many negative reviews as possible such as on Google, and post the dealer's name here as well and Rennlist so at the very least someone will know what the deal is when they offer the tire and wheel policy.
 
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Old 03-16-2019, 10:26 PM
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Originally Posted by rnl View Post
Where did you attend law school?
Fraud in the inducement is the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, inconnection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid whether or not any person in fact has been mislead, deceived or damaged thereby, is declared to be an unlawful practice.

If the sales person represented that insurance would cover a bent wheel to sell you the policy and the policy does not cover it, it's fraud. The issue of a written representation goes to the proof. A verbal representation is just fine.
No need to be so rude. I understand fraud, and I have sympathy for the buyer.

Because someone says they were mislead, it doesn't mean that they were. There is a written contract to fall back on signed by what I assume is a fully capable adult. Ultimately, its NOT the company obligation in selling the policy that the recipient read the fine print that will detail exclusions. And, since these exclusions exist for the beneficiary of the insurance to review in contract form, I highly doubt an E&O claim could be made. Its assumed that the buyer has reviewed and accepts the exclusions in their signature.

You can use 14 more ways to describe fraud. It is not fraud if the buyer didn't review the terms, yet still signed the contract. The good news is that this insurance is typically quite expensive and can be returned with a pro-rated refund.
 

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