I bought a vehicle from a dealership. A couple days later I went to locate the On-Star and look into activating it. This is when I realized that it did not have this option. I looked up the vehicle advertisement online, I was sure I had read it was an option for my vehicle. And sure enough there was my VIN with a list of options, On-Star being one of them. I started looking at the other listed options and realized there was more options that I did not have: Navigation, Premium sound, Towing Package, Parking Sensors.... What rights do I have? They have offered to pay me for the missing options. How do I determine the amount? Would it based off of the cost to install? Can they take the amount off my original sale price and rewrite a new contract? Is this false advertisement?
Thank you for your responses. The information is helpful. The On-Star cannot be installed aftermarket. Some of the other options (Navigation and Parking sensors) require that the vehicle be rewired, very costly. I have gotten estimates from 5 other dealership on the cost to install all of the options except the On-Star. The amount for parts, rewiring and everything included (excpet for the cost of labor) totals around $11,000.00. There is no way that they are going to offer me close to this amount. The difference in suggested retail value and trade in value on Kelley Blue Book is approx $2500.00 with and without the options. But then again, I am paying interest on this amount over the course of my loan.
Employment / Labor Attorney
Frankly, you have the option to recind the contract. Rather than have them take that stuff off the total (which they are going to want to do at their cost) insist that all of those things be installed on the car. Then you get the retail benefit of it (you know its included in the price you paid). Or offer to have them swap you for a car that has all of that.
This is false advertising and fraud. Make sure you save that ad and all paperwork associated with this transaction. If they give you a hard time, contact an attorney near you. If you can't find one, call me.
I agree with Mr. Garner that their actions constitute false advertising and fraud and that you can: (1) demand that they install ALL of the advertised items onto the vehicle; or (2) demand a recision if you want to cancel the whole transaction. If you are considering taking a payout from them, then the amount they should pay you should be the RETAIL price of those options, which you can find out at another dealership, or at one of those car places that installs equipment after market.
If they give you a hard time, in addition to contacting an attorney you can also file a complaint with California's Department of Consumer Affairs.
Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.
Lemon Law Attorney
They're right. An advertisement can amount to an express warranty in most states and if the delivered vehicle does not have the advetised equipment on it then often the buyer can cancel the sale. But most states require two things of you: first, you have to act quickly and not delay in asking to cancel, and, second, the vehicle has to still be in substantially the same condition as it was when you first got it. Every state also has a fraud law or legal concept. Although each state law can be a little different, and the legal definition for fraud can be long and complex, basically fraud is a lie that costs you money. The lie can be an outright misrepresentation or sometimes just a misleading statement or a "sin by omission." You should talk to a local Consumer Law lawyer about your state laws and what your rights are, right away. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please check the box below.