I recently purchased a vehicle that listed only a warranty repair on the Carfax. As it turns out, it has had the back bumper replaced and hail damage repaired. They also told me it had reverse parking assist. In fact, the rear bumper that was installed on the car has parking sensors, but parking assist is not installed on the vehicle.
Can you sue? Probably not because most car purchase agreements in Alabama contain an arbitration clause wherein the consumer agrees to pursue any actions against the dealer via arbitration instead of through the Court system. Arbitration can be costly for the consumer and many times the cost and expenses of arbitiration are more than the claimed damages. Even though this is often times grossly unfair to consumers, our Alabama Supreme Court and Alabama Legislature have said that unfair arbitration provisions or clauses are OK.
Even if you can take this matter to Court, the question becomes what are your damages? What is the car really worth vs what you actually paid. Even though you are the victim, you still carry the burden of proof re: damages. Before looking to sue, I would document this situation in writing to dealer and request a refund or a replacement vehicle. Date the letter and keep a copy. If no response then you might want to seek further advice from an attorney in your area.
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