Can I get out of a new car purchase if features that were represented were not actually in the car?

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Can I get out of a new car purchase if features that were represented were not actually in the car?

I bought a car 2 days ago. I was told a certain feature was in the car by salesman. When I got home the car was not equipped with said item. I emailed them that night and and told them it was missing and that I felt this made the contract null and void due to misrepresentation and that I would return the car. I returned the car this morning. They did offer to order the item but I refused. They said too bad you own the car. I left the car and the keys with the dealer. Is contract void due to above? I did sign loan agreement.

Asked on May 9, 2011 under General Practice, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, if it was a "material" feature, then it may be the case that the misrepresentation by the dealership or salesman will allow you to rescind the contract and undo the sale. The issue is the materiality; e.g. you were told it had a turbo 6-cylinder engine, but instead it had the 4-cylinder, that would almost certainly be sufficient. But if you were told it had good stereo A but instead had mediocre stereo B, that might not be enough--especially if the problem is easily remedied (put in a new stereo) and the dealership offered to make good the problem.

Complicating it is that you also signed the financing agreement, which means regardless of what happens with the car, you *may* owe the money under the agreement--it depends on the exact terms and the outcome of any litigation that may ensue. You might be best served by allowing the dealership to order and install the feature in question, to avoid what could be a messy and expensive fight.


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