What are our options after purchasing a car that was listed as AWD but was actually FWD?

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What are our options after purchasing a car that was listed as AWD but was actually FWD?

Late last year we purchased a used SUV from a dealer. The sale paperwork (and later service paperwork) lists the vehicle as AWD. We learned today that the vehicle is only front wheel drive. What are our options with the dealer?

Asked on April 29, 2011 under General Practice, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is this a new vehicle or is it an used vehicle?  And how come it took you this long to find out that the car was misrepresented?  What really happened is what I am trying to ask.  The purhcase is a contract issue and if one of the parties misrepresents a vital term in a contract - a term that could be seen as part of the "basis of the bargain" - then that could be because to ask the courts to set aside the contract and let the parties that are bound by it off the hook.  But this is a really long time since the car was purchased and it may be held against you in some way.  The court will want to know why it took so long to ascertain that the car was not as they said and if you could have reasonably discovered this sooner.  Please seek some legal help in your area on the matter.  Good luck. 


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