I bought a new car 2 days ago. It had 410 miles on it which I didn't know before I started the paperwork. I was hesitant on buying it but they told me it was the last one on the lot in my color and package. They assured me the mileage was due to inter-dealership trades. I purchased the car that night and was fine with my decision. The next morning I noticed stains on the upholstery and a letter in the glovebox indicating it was used for test drive rentals. I felt betrayed, and made me wonder what kind of wear and tear those drivers put on the car. I asked the dealership if they could exchange the car out for another one, but they said I am stuck with it. It is my fault for not doing my due diligence, but I was wondering if their is any type of legal grounds to get them to exchange.
You could go after them for fraud. But, frankly, if you're thinking about pursuing them for their misleading statements, I would speak with an attorney. Perhaps, for starters, you could have an attorney write the dealership a demand letter. Something as simple as a letter from an attorney could get their attention and might induce them to offer some sort of settlement with you.
Many attorneys provide free consultations. I would get one immediately.
Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
Free Consultations - 24/7
Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.
Florida Statute 501.976 sec 3 defines an unfair and deceptive trade practices act as representing "the previous usage or status of a vehicle to be something that it was not, or make usage or status representations unless the dealer has correct information regarding the history of the vehicle to support the representations." Seek the advice of an attorney.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Lemon Law Attorney
Ms. Stage is correct. The type of statements made to you are a form of deception that violates Florida's Unfair and Deceptive Trade Practices Act. The violation of the Act will not entitle you to return the vehicle but it does entitle you to diminution in value and potentially some other damages. My firm represents consumers in such cases and we collect our fees directly from the dealership based upon the time we spend pursuing the matter. Please feel free to call me for a free no obligation consultation. Or, you can search for other consumer attorneys here on Avvo or at www.naca.net.
Disclaimer: This response is based solely upon the limited information provided in your question; additional facts may be necessary and may lead to a different response. The attorney responding to this question is licensed only in Florida and this response is intended for informational purpose only and not intended as legal advice in your particular state. Additionally, the response is not intended to create an attorney client relationship.