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I need to introduce evidence of a prior customer receiving warrantee on a used car. According to the FRE, is this allowed?

Des Moines, IA |

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?

Attorney Answers 3


  1. 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:

    http://www.naca.net


  2. The Federal Rules of Evidence are for federal cases. Iowa has Rules of Evidence as well:
    https://www.legis.iowa.gov/DOCS/ACO/CR/LINC/05-22-2013.chapter.5.pdf
    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.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.


  3. 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,

    Beth Wells
    www.burdgelaw.com
    www.carsalesfraud.com
    www.ohiolemonlaw.com
    www.kentuckylemonlaw.com

    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.