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Old 10-29-2004, 11:28 AM   #1
WRXVT
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Default Got ripped off by Used Car dealer

So yesterday I went to Baltimore ( I live in Virginia) to buy a used 2003 Mazda 6. Long story short, we made it clear we wanted ABS, the Advertisement on the internet for that car at that dealer said it HAD ABS, and the sales person confirmed it did, about 3 different times. Come to find out today that the car does not have ABS. I call the dealer and the manager basically tells me tough luck. I tell him that it he misrepresented the facts that were used to buy the car. We said several times that the car having abs is mandatory. He says that what he says doesn't have to be right and that they don't take back cars.

What I have as evidence:
1. The car ad printed out that has the VIN and says it has ABS
2. Potentially the voice recording from progressive insurance company of the sales person saying to them that the Car had ABS.
3. The dealer's 7 day return policy.

I'm so ticked off right now because even though I'm in the right, the dealer still has me by the grapes because he is being uncooperative and I can't do anything about it.
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Old 10-29-2004, 11:30 AM   #2
DrDRum
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IBlawyer
IBcallTheBBB

Actually, you need to document all of the conversations in paper. Then present a written request (dated and initialed by you) of your request. Mention the ad, the conversation with said dick, and the 7 day return policy. Cite faulty advertising and incorrect information from said dick. Present the letter to manager, bring a witness, have him video tape it. Be firm with your intent to sue for the value of the vehicle, plus any interest/fees paid for the loan/taxes/title, plus any legal fees. Do this well before the 7 day period is up (like, now, basically). If you live in a small town/city, mention your intent to bring this to the newspaper's attention. The worst you can do is bluff all this...but I'd fight and fight hard.

Oh yeah, and if ABS was so bloody important, why didn't you call mazda with the VIN to verify ABS on that vehicle when you did your carfax?

DRum

Last edited by DrDRum; 10-29-2004 at 11:36 AM.
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Old 10-29-2004, 11:35 AM   #3
ColinL
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yes, both of those suggestions are valid.
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Old 10-29-2004, 11:38 AM   #4
Kharne
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Sorry to hear about that, but make sure you contact a lawyer and the BBB right away. Don't let them get away with a bad deal.
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Old 10-29-2004, 11:39 AM   #5
gongzero
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Or, you could post the name and phone number on OT...


-A
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Old 10-29-2004, 11:41 AM   #6
sorbee711
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Seek to talk to the owner. Make sure you do get this worked out before the 7 day window closes. Get a lawyer.
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Old 10-29-2004, 11:43 AM   #7
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Drum is right. Stick to your guns and let them know you're serious and not going away. Thery're trying to get you to **** off by refusing to do anything; most people are sheep and do.
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Old 10-29-2004, 11:44 AM   #8
ColinL
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Quote:
Originally Posted by gongzero
Or, you could post the name and phone number on OT...


-A
do not do this. harrassing the dealer is a POOR choice when you have perfectly legitimate means of resolving your issue.
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Old 10-29-2004, 11:47 AM   #9
gongzero
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Quote:
Originally Posted by ColinL
do not do this. harrassing the dealer is a POOR choice when you have perfectly legitimate means of resolving your issue.
Obviously. I'm banking on WRXVT having more sense than that.

And if not... *shrug*


-A
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Old 10-29-2004, 11:55 AM   #10
ColinL
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4321
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Old 10-29-2004, 12:02 PM   #11
WRXVT
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Two things I'm thinking about

1. Lawyers cost money. If getting a lawyer gets them to buy back the car I still owe the lawyer $$$$. Attorneys fees are not damages except for special situations right?

2. Its all the way in Baltimore, which is a good 1 hour and 30 mins + from here.


Such a headache
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Old 10-29-2004, 12:06 PM   #12
sonicblue
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If you win the suit, they'll pay your legal fees, too.
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Old 10-29-2004, 12:06 PM   #13
DanRx
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According to the Texas Deceptive trades practices-Consumer protection act article 23 :"The failure to disclose information concerning goods or services known at the time of the transaction and was used to induce the consumer into a transaction whom otherwies would not have entered had the information been disclosed."
-specifically cited in the example "... or, when an auto dealer knows that a car has been in a wreck and fails to disclose that to the potential buyer."

I realize this is a Texas State statute, but most states have this exact consumer protection act, and all states have similar legal protection from "bait and switch" or a coerced sale.

Forget the BBB and the Attorney General and find a lawyer to draft a demand letter using your states consumer protection legislation to force the dealer to do right.
In Texas he would either have to 1) reverse the transaction or 2) pay 3x diminished value to you as a settlement.

Good luck (I'm in the middle of one right now)
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Old 10-29-2004, 12:10 PM   #14
fireguyrick
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I do not know about where you are, but in the state of Wisconsin a person can return a vehicle within 3 days of it's purchase and the dealership HAS to take it. However, you will not get back ALL of your money here, as the dealership has the right to keep a certain amount of money. Have you printed out the ad from the internet that said it had ABS? If you haven't I would do that ASAP. I assume that could be called false advertisment.

Rick
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Old 10-29-2004, 12:14 PM   #15
DanRx
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Quote:
Originally Posted by fireguyrick
I do not know about where you are, but in the state of Wisconsin a person can return a vehicle within 3 days of it's purchase and the dealership HAS to take it. However, you will not get back ALL of your money here, as the dealership has the right to keep a certain amount of money. Have you printed out the ad from the internet that said it had ABS? If you haven't I would do that ASAP. I assume that could be called false advertisment.

Rick
Careful Rick...
Some finance companies found a loophole and the transaction is subject to the laws of the state where the loan originated from, or the purchase agreement supercedes the state mandated 72 hour agreement.
I'm not saying that this one does, but greedy lenders have got wise to that tactic and are creating ways around it.
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Old 10-29-2004, 03:58 PM   #16
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Now they are trying to exchange a 2002 Honda accord Ex Coupe for it... interesting...
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Old 10-29-2004, 04:01 PM   #17
rogue
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7 day return policy...

So what's the problem? Take it back.
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Old 10-29-2004, 04:17 PM   #18
sonicsuby
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Review your contract for the car. I bought a (used) car last weekend and signed a clause on the contract that said my purchase decision relied on the dealer providing accurate information regarding the vehicle and its history. If you have a clause like this in your contract, it should be even more of a no brainer than it already is.

To be honest, I'd check that and immediately contact a lawyer. Sometimes a simple call from a lawyer can make even the toughest people change their mind
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Old 10-29-2004, 04:32 PM   #19
WRXVT
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Quote:
Originally Posted by rogue
7 day return policy...

So what's the problem? Take it back.

Exactly... but the problem is that they won't take it back. They are like "nope not taking it back, you sux0rs"
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Old 10-29-2004, 04:48 PM   #20
rogue
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7 day return policy!

They're just trying to get you to suck it up.

Bring it back, be polite but firm. "Not happy, here's yer car."

Cancel the loan with your bank. Then it's an unfunded loan, so the dealer owns it
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Old 10-29-2004, 04:55 PM   #21
robmarch
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drive it through their front window and claim the ABS they swore was present failed. then claim your 7 day return policy, as you have returned it to their establishment

:P
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Old 10-29-2004, 04:57 PM   #22
BAM
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No credit? Forget it! Don't swear it!

Everyone rides at Foreign Motors!
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Old 10-29-2004, 04:59 PM   #23
shipjumper
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sorry to be devils acvocate, but did you not look under the hood and find the ABS lump in the engine bay? If you did not see it with your own two eyes, why did you proceed?
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Old 10-29-2004, 05:01 PM   #24
WRXVT
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Quote:
Originally Posted by rogue
7 day return policy!

They're just trying to get you to suck it up.

Bring it back, be polite but firm. "Not happy, here's yer car."

Cancel the loan with your bank. Then it's an unfunded loan, so the dealer owns it
Interesting suggestion... however I get the feeling that if I call wells fargo and say to them that I want to "cancel my loan" they'll laugh
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Old 10-29-2004, 05:04 PM   #25
ColinL
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Quote:
Originally Posted by shipjumper
sorry to be devils acvocate, but did you not look under the hood and find the ABS lump in the engine bay? If you did not see it with your own two eyes, why did you proceed?
uh, don't even need to do that. turn keys to ON position but do not start car.

OR

have engine running and stop engine, then place key back in ON position but do not start car.

observe instrument panel lights. look for ABS light. if present, the car has it. if not, nope.
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