Wednesday, May 28, 2014

False Advertising on Used Car... Law Advice?

False Advertising on Used Car... Law Advice?
I purchased a 2004 Santa Fe from a used car lot. When I bought it, I believed it was an LX trim, with a 3.5 liter engine... as per the online ad on their website and on auto trader. However, I found out after purchasing it that it is the GLS Trim model, with a 2.7 liter engine. On kelly blue book the difference in value between the vehicles is: the GLS model is worth roughly 10% less than the model I thought I was purchasing. Now, the bill of sale does not list a trim. Just the make and model. However, I have a print out of both adverts, both with a picture of the car I bought, stating the 'false' specs. Is this enough to prove false advertising? I would ask for my money back, but I spent $75 registering the vehicle and $275 buying tires for it. I would need to be reimbursed for those costs should he offer a return. Otherwise I want roughly 10% rebate on the price a paid for the vehicle. Is this an acceptable demand? What would you do?
Law & Ethics - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Take this question to your attorney. If you were induced to enter into a contract by a deceptive trade practice, you may be entitled to damages equalling three times your actual loss. Consult an attorney immediately. If you do not have an attorney, contact the local lawyer referral service or the one at your state's bar association website.
2 :
They would seem to be in breach of a warranty under the Uniform Commercial Code. If that's the case, your legal remedy would be more or less what you're asking for (i.e. the difference between the price of the LX Trim you contracted for and the GLS Trim you got). In order for this section to apply, you'd have to show that the description they gave you in the advertisement formed the basis of the contract. You might also need to show that you still had a reasonable belief that you were looking at an LX Trim when you inspected the vehicle. This would mean showing not only that you honestly believed it was an LX Trim, but also that a reasonably diligent inspection wouldn't have made the difference obvious. This is because you need to show that their description in the ad or affirmation that the car was a certain model formed part of the basis of the bargain. Obviously, a lot depends on the exact facts of your negotiations etc. You should definitely seek professional legal advice before you take any legal action.
3 :
It's simple. If the car was misrepresented then you have a very strong case and the dealer who sold it to you deserves everything they have coming to them!


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