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We bought a new car several months ago. When we sign the sales contract,
we just flat out failed to notice that the sales price was higher than
what was negotiated. Upon reviewing the sales contract at home, we
caught the mistake - the car dealership charged us more than what was
agreed. When we discussed this with the dealership, we were told that we
also "bought" another option, and this option is non-refundable. Also,
we did sign the contract, so, as they put it, we are SOL, even though
the salesman may "forgot" to explain this extra option to us.
Of course, we are p*ssed. I did a little research and found the
following things: 1. The salesman conveniently "forgot" to put the cost
of this extra option on the contract. The price field was blank. We
figured this was the only way he could have slipped this one by us
without us asking what it is. 2. There is an "owe" statement - what the
dealership owe us because of the options we did bought were not yet
installed. This extra option was not on it. Another convenient "forgot"
by the salesman. 3. The consumer protection laws in our state (Texas)
specified that it is a deceptive practice to withheld information from
the consumer if such info could be used by the consumer to reject a
purchase.
Armed with #3, we sent a certified letter, quoting #3, to the dealership
asking for a refund. Again, we were told that since we signed the
contract, we are SOL.
We were prepared to sue them under #3 in small claims court for the
maximum allowed (almost 10X actual cost), so we sent them (this time, to
the registered agent, not the dealership) a certified letter, stating
so.
Lo and behold, within a week, they threw in the towel and sent us a
refund along with a "not accepting any guilt" letter. Whatever between
us and them, civil case wise, is over.
However, criminally, they may have to deal with the law enforcement. Can
we put the screw to them and file a compliant to the police and state
attorney general (not sure if they will take this up) as this is also a
violation of state law?
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Victor wrote:
We bought a new car several months ago. When we sign the sales
contract,
we just flat out failed to notice that the sales price was higher than
what was negotiated. Upon reviewing the sales contract at home, we
caught the mistake - the car dealership charged us more than what was
agreed. When we discussed this with the dealership, we were told that
we
also "bought" another option, and this option is non-refundable. Also,
we did sign the contract, so, as they put it, we are SOL, even though
the salesman may "forgot" to explain this extra option to us.
Of course, we are p*ssed. I did a little research and found the
following things: 1. The salesman conveniently "forgot" to put the
cost
of this extra option on the contract. The price field was blank. We
figured this was the only way he could have slipped this one by us
without us asking what it is. 2. There is an "owe" statement - what
the
dealership owe us because of the options we did bought were not yet
installed. This extra option was not on it. Another convenient
"forgot"
by the salesman. 3. The consumer protection laws in our state (Texas)
specified that it is a deceptive practice to withheld information from
the consumer if such info could be used by the consumer to reject a
purchase.
Armed with #3, we sent a certified letter, quoting #3, to the
dealership
asking for a refund. Again, we were told that since we signed the
contract, we are SOL.
We were prepared to sue them under #3 in small claims court for the
maximum allowed (almost 10X actual cost), so we sent them (this time,
to
the registered agent, not the dealership) a certified letter, stating
so.
Lo and behold, within a week, they threw in the towel and sent us a
refund along with a "not accepting any guilt" letter. Whatever between
us and them, civil case wise, is over.
However, criminally, they may have to deal with the law enforcement.
Can
we put the screw to them and file a compliant to the police and state
attorney general (not sure if they will take this up) as this is also
a
violation of state law?
Chances are the dealer has been doing this for years and getting away with
it.
I would write a nice letter to the AG and let them know about the practices.
If they're interested, they'll send someone to investigate and see what
happens.
Might even take an ad out in the local paper asking if anyone else has been
screwed like this.
Even if you got only a couple of answers, you'd know you're not the only
one.
Years ago, I picked up a new straight truck to take to a customer in another
state.
Within the hour, the thing quit running even though it had plenty of fuel.
Wound up towing it to the shop.
Couple of weeks later I had to go back and pick it up again.
Taking along a check for labor.
Found out later, somebody in Detroit heard about that little incident and
told the dealer, that if they wanted to continue to sell that brand, they'd
best return the check.
The problem turned out to be a bad fuel filter and that was a warranty item.
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