So can I return the car and demand another.
Likely not without the dealer's agreement. You probably can, however, sue the dealer for damages if you can prove the dealer knew of it (who else could have done it?) and failed to disclose to you. If you win, you would likely be awarded your damages plus court costs and attorney's fees. Even if you lost, he would likely have to pay several thousand dollars in attorneys fees (if you win, he pays your attorney's fees; if he wins, you likely do not have to pay his). Thus would he like to just take your car back or pay thousands for his attorney fees no matter what, with a reasonable prospect of having to pay thousands more in your attorneys fees, plus court costs, plus your damages? His choice but the odds are you would get what you want. You would likely come across more credibly, however, operating through an attorney. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
You may have a claim under the Oregon Consumer Protection Act, in which case you likely could recover your attorney fees in asserting a claim. See an attorney or the Consumer Protection Division of the Attorney General, which has an office in Portland.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
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