I was sold a used car, as is, and I purchased a warranty as part of the sale. It was deemed to have a bad engine and a bad transmission within miles of my buying it. I sued for breach of warranty, and the owner of the car lot denied that he sold warranties. I have the name of another customer who has a warrantee as well, and I want to introduce this as evidence that he routinely sells warranties. Is this admissible, and under what rule of the FRE?
Lemon Law Attorney
Why not just prove you bought one?
Are you saying the warranty is FROM the dealer and not a third party warranty company?
Do you have a receipt for it?
You have a lot of other potential issues surrounding these facts. It may be best to speak with a lemon law atty in your state. Find someone good here:
Real Estate Attorney
The Federal Rules of Evidence are for federal cases. Iowa has Rules of Evidence as well:
If your claim is for less than $5,000 you can file your lawsuit in small claims. While the rules of evidence are somewhat relaxed in small claims cases, I doubt giving the name of someone you heard got a warranty would suffice. The judge will probably want to hear from this person directly.
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Lemon Law Attorney
I agree with Mr. Kaufman. I think you should speak with a Lemon Law / Consumer Law attorney in your state before taking this on without an attorney. Here is a list of Lemon Law / Consumer Law attorneys by state: www.UsLemonLawyers.com. Just scroll down to Iowa and there are 2 attorneys listed in your state. You may have more legal rights that you realize.
As for the FRE, they do not apply. As Mr. Moens told you, you need to look at the Iowa Rules of Evidence. If you are saying that you want to have the other customer testify, then you might be able to get his testimony in as showing that it is the habit/routine practice of the dealer to sell warranties under Rule 406. But I am not sure that this really proves that he sold you one so the Judge might tell you that he/she thinks that it isn't relevant. However, if he is absolutely denying that he ever sells warranties, you might be able to get it in.
But as I said, I think that an Iowa attorney familiar with the Iowa Rules of Evidence and Lemon Law / Consumer Law in your state should be consulted before your trial.
Best of luck,
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.