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How do I pursue a false advertisement claim?

Cumming, GA |

I purchased a vehicle from a dealer at a discounted price. Per a press release issued by the manufacturer's agent here in the US, the consumer can take European Delivery at no additional cost (with zero stipulations stated). I was denied European Delivery by the dealer as the dealer is charged $2995 by the manufacturer and that charge would have made the deal a net cost (i.e. no profit) for the dealer. I believe that the manufacturer is falsely advertising something as free when the reality is it is just another cost borne by the customer and embedded in the deal. What do I do now? I filed a complaint with the BBB, the FTC after I approached the manufacturer directly as was denied by them as well.

Attorney Answers 2

Posted

Your contract controls the terms of your purchase -- not a press release. If that contract has no provision about you being able to take "European Delivery" then doing so was not part of the bargain. That being said, IF you can show that whoever you bought the car from provided you with the press release and you relied upon its contents when deciding whether to buy the car then, perhaps, you have an argument that the promises in that press release form part of the contract. But ONLY if those promises do not, in any way, contradict the express terms that are in the contract. Your own attorney would have to review the contract, the press release, and the other circumstances leading up to the purchase to determine if you have a valid claim. You can complain to the Georgia Department of Consumer Affairs [ http://consumer.georgia.gov ] and perhaps, if you cannot afford an attorney, you can also file a small claims suit against the manufacturer. Good luck. Caveat emptor.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Posted

I was never able to get to the European Delivery contract and at this point, the car is on order to be delivered state side soon. I don't have a disagreement with the dealer, but I do with the manufacturer's agent in the US that created the program. That is the most confusing part to me, because the dealer simply administers a program created by the agent. Who is at fault? I do appreciate your input and believe that at a minimum, small claims is in my future. Thanks.

Posted

You post says :
You got a discounted price on a new car,
The dealer refused you for Euorpean Delivery,
and you want to sue the manufacturer for false advertising because of the press release?

Each state has its own consumer protections laws but you would likely have to show that you were mislead and you suffered injury. Sine you were denied European delivey and was still able to purchase the car at a reduced price, you'll have a tough time arguing you were mislead (because you knew) or suffered injury (you still got a discount).

However, you should still have a chat with a GA consumer protection attorney worth the money to put the matter to rest.

I don't practice consumer protection law, but it also occurs to me that delaers are independent owner operated in most cases (or at least many cases) and they are likely NOT obligated to particiapte in manufacturer specials--only a company store would be required to adhere to the special offer. You might have tried to locate a company owned dealership in your state to execute the European Delivery option.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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