AutoWest Honda Fremont Service Contract Cheat and Fraud: AutoWest Honda AutoNation.com Fremont California

Service Contract Cheat and Fraud: AutoWest Honda Fremont

In July 2003, I purchased a Honda Care service contract (7 years 100000 miles) at $795.00 from AutoWest Honda-Fremont dealership.

At the time of purchase, the finance manager told me that the contract payment is 100% reimbursement if I did not use it during the period of contract. In June 2006, I noticed the contract actually was already expired on March 2005. I though it is a 7 years contract started from the time of purchase. It is unpleasuable since I paid too much for less than 2 year coverage, comparing to 7 full year coverage at $1200 on a new car purchase (I knew the market price even at that time), but since it is still refundable, I can only sigh and went to the dealership to claim the reimbursement at 6/12/2006.

Unfortunately, Mr. Fields, the director of finance of AutoWest Honda Fremont, refused to pay my money back. The reason is I have to show him a form, which is titled "Service Contract Reimbursement Guarantee".

It is really a surprise since AutoWest Honda Fremont has never given me that form, or notified me the existence of that form. I still remember when I asked if the documents I was given were all I need to get the reimbursement, the finance manager said yes. He even wrapped an ad (you won't lose it if you don't use it?) within all the documents together try to make me feel better.

I explained the fact. But Mr. Fields said maybe I lost it somewhere or at home, maybe I did not buy it at all due to the form itself worth more than $100. I shown him the document that I do had paid $795 for the "Honda Care" service contract. He said that is just the "Application for Service" form (who knows if there is an ?approval of application? form). I said the finance manager at the time of purchase told me that that is all for the reimbursement claim. He informed me the guy already left AutoWest Honda Fremont, since he did not heard what the guy said, he can only looks for the proof - the form. And even I have that form, it is already invalid, because the form documented that I have only 60 days after contract expire to claim the reimbursement (Does the CD change ownership upon expire?). At last, he informed me there is a place called small claim court but he told me I cannot win.

Oh, it was a horrible experience. I actually paid for the contract, and the contract actually is reimbursable. My entire fault is that the finance manager cheated me 3 years ago. First about the coverage period, then next about the existence of form.

The same night, I studied the copy of the form. It is said even I decided to waive my right from the protection and reimbursement, I still need to sign the form. In another word, the dealership has to show it to me. The other fact is, the form is required only for those contracts longer than 48 months, my contract found out is actually only valid for 1 year and half.

When I went to dealership next morning to clarify my questions, I was told IT IS a "7-year-100000-mile" contract no matter how many days left. I did not get the answer to my first question, instead, I was asked to left the building, without speaking with other employees. I was eventually guaranteed that I will not get one dime from AutoWest Honda Fremont.

Clearly, I was cheated at the time of purchase. I would not buy the "Honda Care" contract at all if the finance manager told me there is only 1 year and a half left, especially at this ridiculer high price.

Next, he did not notify me the form, instead, he confirmed to me that I already got all documents of the purchase. I had no way to find that form out since different dealership has different form and policy.

Last, I do not know the life time of that form. Is it possible that the form did not exist at the time of my purchase? I have no way to verify it. The dealership did not even help me check their second copy. I was told the second copies are only kept for one year.

I realized the case might fall into the following:
(1) Warranty disclosures in the agreement;
(2) Disclaimer of warranties;
(3) Unfair or deceptive trade practices;

I believe it is the dealership responsibility to provide all documents to make the contract valid and legal. Any suggestin?

Thanks,

Henry
Fremont, California