Can I get the options I was promised for my new car after I purchased it and left the dealership?

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Can I get the options I was promised for my new car after I purchased it and left the dealership?

I received a quoted price on a new vehicle from a dealership that included in the quote some of the options that would be on the car. The car we purchased didn’t include all the options but we still payed the same price. Is there any recourse to get those options thrown in?

Asked on June 7, 2012 under General Practice, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What did the actual sale contract or agreement state?  If that agreement listed the same options or referred to (or incorporated) the price quote in any way, you can enforce your contractual right to get what you paid for.

However, if the agreement is clear about what you were getting and does not include those options or refer to the quote, then you probably do not have recourse. That's because people are held to the terms of the actual agreements or contracts they enter into, even if those are different from earlier discussions or proposals, so long as there is no actual fraud, or material misrepresentation (lies) involved. However, if the agreement is clear about what you are getting, then there would be no misrepresentation--you are presumed to read and understand contracts you sign, and so would be held to its terms.

There is one more possible scenario--the sale contract or agreement is "silent" as to the options--doesn't mention what you are or are not getting at all. In that case, if you were induced (or convinced) to buy the car only because of the dealer's representations (or promises) as to what you'd get but the dealer did not provide what it promised, you may be able to make out a case for fraud and rescind the transaction--return the car, get your money back.

So, to summarize:

1) Contract says you should have gotten the options or references the quote--you can enforce the contract.

2) The contract says nothing about options at all, but you were clearly promised them--you could potentially make out a case for fraud and rescind the contract (which could give you the leverage to instead have the dealer give you those options).

3) The contract is clear about what car you were getting and what was included (or not in it), and that car did not include the options--in that case, you would be held to the agreement you signed.


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