What to do if I bought a carbut it was not the same year that I was told by the salesman?

Also, I was that it was all wheel drive but it’s it not. What legal action can I take with this company?

Asked on October 13, 2011 under General Practice, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If they violated the contract or agreement of sale--e.g. the contract said "Four wheel drive 2010 Murano," but it's really a two-wheel drive 2009 Murano--you could sue the dealer. You may be able to do one of the following: 1) force them to take back the car they gave you and give you the right one; 2) take back the car and give you your money, fees, etc. back; 3) keep the car, but get the difference in value between what you bought and what this one would go for. Even if the contract itself is "silent" as to these specifics (i.e. doesn't identify year and 4WD), but the dealer represented (or stated or promised to you) that you'd get a car with 4WD, of a certain year, it's possible that the misrepresentation (or lie) made to get you to buy the car may be enough to let you rescind the contract. From what you write, there is a good chance you have some legal rights; you should speak with an attorney about the best option for enforcing them.


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