Car dealership wants to charge me after they breached contract

[Carguy-4]

What is the name of your state? Minnesota

Two weeks ago I purchased a brand new car from a dealership near my home. The particular model that I purchased is a high performance sports car built by one of the Detroit Big Three, but does not include as an available option cruise control. As I attend graduate school about 320 miles from my parents house, cruise is a necessity for me, a fact I made abundantly clear to the salesperson, manager, and aftermarket parts salesperson at the dealership. Because of this, the dealership promised that they would install an aftermarket cruise control unit in the car, I promise without which I would have purchased a different car. Today, after attempting to contact the salesperson and aftermarket salesperson three times with no returned call, I stopped at the dealership to ask when I could get the unit installed. After about 45 minutes of calling around and checking the dealership determined that this model is incapable of having cruise connected to it due to the way the vacuum system is routed around the turbo. I informed the dealership that my purchase of the car was reliant on their promise to install cruise, a component of the purchase contract that they breached. What the dealer essentially told me was that they would give me a good deal to trade the car in for a different one-which there are no other models from this manufacturer that I want. Can the dealership refuse to take the car back at this point, and if they do take it back, can they charge me for the miles I’ve put on it as a result of them not contacting me to tell me that they can’t fulfill this portion of our agreement?

 

[djohnson]

Was this agreement in writing? What does the contract stated if something fell through? Why didn't you/them make sure it was possible before signing contract?

 

[Carguy-4]

The dealership assured me that there was no question as to their ability to install this feature, a fact they later reneged on (I was relying on the expertise of the dealer). As such, the price of the cruise was added to the price of the vehicle so that both were included in the purchase price of the car. This is the only written verification I have of this promise, however, there is unquestionably still a verbal contract, which the dealer acknowledges. They just feel that I should pay for the miles I’ve put on the car by treating it as a used trade-in. I feel that the dealership’s recklessness as to this matter of fact, or knowledge of the fact that was disregarded to sell the car, constitutes fraudulent inducement by the dealership and thus invalidates the contract with the burden of responsibility due the dealer.

 

[djohnson]

I think they are in breech of the contract since they sold you a car and included the cost that would have cruise control. Had they been more knowledgable you wouldn't have put those miles on the car. I would press it.

 

[matti422]

Of course, they could just offer to refund the price of the additional cruise control, and you are still stuck with a trade-in value for a new car.

If you are going to take them to court to try to cancel the contract, I suggest you stop driving the car if you don't want to be charged for the milage you put on it. Doesn't mean you will win, but won't help your case.

 

[itsacatsworld]

Cruise control issue seems a little overblown, maybe he just wants out?