I received a letter from GMC stating that the vehicle I am leasing had an inncorrect sticker stating the gas MPH ratio was wrong and offering to send me a 500 check. I would rather get into a car that has better gas mileage. What consumer rights do i hav

I did a lease on a Buick Enclave and asked about changing into a Buick Regal since the gas mileage is better. They are telling me I will be in the negative because of the depreciation. What right does the consumer have if they have a sticker on the vehicle with wrong information on it. The gas mileage is even worse. They were trying to send me a check for 500 to compensate for gas. This is a 3 yr. lease trust me the gas difference over a 3 yr. period will cost me a lot more than 500. What rights do I Have as a consumer?? Seems to me they shouldn’t legally make me stay with a vehicle they misrepresented??????

Asked on June 2, 2016 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may have a case of fraud: there was a false disclosure or representation of material, or important, information, upon which you reasonably relied in deciding to purchase this car. Fraud could let you potentially rescind the contract (return car, get money back, less perhaps some amount for the use you have made of the car to date) or get monetary compensation (e.g. the reasonable expected difference in gas costs over the 3-years).
However, court cases are never certain--you could lose. And they take time and cost money (even if you don't hire an attorney, you have filing fees and may have to miss work for court dates).
Say that your drive the usual 1,000 miles per month. Say that the car's sticker said 25mpg but it should have been 20mpg. That means that you are buying 10 extra gallons of gas per month, or 120 gallons per year, or 360 gallons over 3 years. If gas where you are is $2.50 per gallon, that's $900. It may not be worthwhile going to the time/cost of a lawsuit, even a small claims case, for the extra $400 over what you are offered, especially because you can ever guaranty success.


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