Was delivered a different car then I agreed to buy

[Thinker1920]

What is the name of your state (only U.S. law)? New York

On 9-2-14 I went to a car dealer in upstate New York and picked out an auction car which the dealer said that the auction site had a buy it now feature and he would ordered the car, it had 46,000 miles, was black, and had a sunroof, I was told it was about 4 hours away and that it should be ready around 8th and that I would be contacted when they had an exact date. At this point I had done a credit application and signed an agreement for the car I wanted, I was told that everything else would be done when I picked up the car.

On the 8th I called and asked if the car was ready. I was told that they decided to have the car delivered by flat bed instead of sending out a driver, I said I thought it was about 4 hours away or less, they said I was wrong that it was actually coming from Georgia. I gave them the benefit of the doubt thinking maybe I was wrong. I was told that I would be contacted soon by the finance person to be told of the exact date and time for pick up.

The next day the finance guy called up and said he had good news and bad news, the good news was the car was in, the bad news was that the loan rates had gone up since he'd submitted my credit report, from 2.39 to 2.45, after being told that it would only amount to $0.35 more a month I said that it was alright.

Today I went to pick up the car, I went into the dealership and signed all the paperwork, then the salesman brought out the car. When I sat in it I noticed that it hadn't been cleaned very well and then I noticed that there was no sunroof. He looked confused and said what sunroof, he said that I must be confused since we'd looked at many different cars before deciding on this one and I agreed and let it go, since I was running late to go to the insurance agency to get pictures taken for my car insurance. Then when I was driving I notice that the odometer read 50,000 miles not 46,000 again wanting to give them the benefit of the doubt I dismissed it, but when I got home I decided that i should go over the car thoroughly since I was starting to feel like something was wrong and I found some paint chips which surprised me because i remembered on the car disclosure from the auction site it said that it only had on scratch on the bumper, I didn't see the scratch on the bumper but I did see the paint chips and then I remembered that they had to do a 172 point inspection to certify the car so I dug out the copy of the certification and there it was on the top were the vin was the last several numbers were crossed out and new ones were written above. So I did a carfax on the crossed out vin and it was for the car I was promised, it was in pa, it was sold at auction on the 2nd, and it had 46.000 miles.

So here I am with a different car then I agreed to buy and it's not in as good condition as the one I was promised and it's missing features, can I take legal recourse? Am I stuck with this car? I had traded in my old car towards the purchase, can i get it back? Even if i get my car back I'm very angry that I was taken in and wasted two weeks going back and forth over this car. Please help

 

[latigo]

If the dealership refuses to unwind the transaction, file a complaint with NYS DMV.

Also, be prepared to give a satisfactory explanation/excuse as to why you signed "all the paperwork" sight unseen! And documented proof that the vehicle delivered was not that of the one the dealership agreed to sell you. Because the paper work you signed very likely describes the one delivered and you could have a tough time of it trying to vary the terms of the written contract.

I can understand some unsophisticated backwoods bumpkin being so foolish, but a wise-to-the-world New Yorker? Or did you recently emigrate?

 

[Thinker1920]

I just went over the papers again and I found the receipt for the $500 deposit and a bill of sale with the right vin number on it and the sales manager signed that copy, and it doesn't match the other copy I signed today. I bought it sight unseen since it was being delivered to the dealership. They did have photos of the vehicle and a disclosure that listed defects but that was for the car they sold me, not the one they delivered. The one I agreed to buy was in much better condition.

 

[TigerD]

I just went over the papers again and I found the receipt for the $500 deposit and a bill of sale with the right vin number on it and the sales manager signed that copy, and it doesn't match the other copy I signed today. /QUOTE]
Okay.

I bought it sight unseen since it was being delivered to the dealership. They did have photos of the vehicle and a disclosure that listed defects but that was for the car they sold me, not the one they delivered. The one I agreed to buy was in much better condition.

Actually, you agreed to buy the car you bought. You shouldn't have accepted the wrong car.

You accepted it; you bought it.

Can the state come down on the dealership? Maybe. Will they if they can? Maybe. Does that change your purchase or buyers remorse? No.

DC

 

[Thinker1920]

it was nearly identical, and I trusted the salesman, they didn't show me the car up close until I signed the papers, said it was being prepared, they never mentioned that it wasn't the original car, and my original contract had the correct vin number. I'm sorry that I'm a trusting person, but you honestly think that what they did isn't illegal? promising one car and selling me an almost identical car. That isn't punishable by law? Bait and switch? It wasn't a little dealership either but a major brand dealership.

 

[latigo]

it was nearly identical, and I trusted the salesman, they didn't show me the car up close until I signed the papers, said it was being prepared, they never mentioned that it wasn't the original car, and my original contract had the correct vin number. I'm sorry that I'm a trusting person, but you honestly think that what they did isn't illegal? promising one car and selling me an almost identical car. That isn't punishable by law? Bait and switch? It wasn't a little dealership either but a major brand dealership.

Let me give you a thought here.

Talk to your attorney about rescinding the contract on the principle of mutual mistake. This theory of contract law tells us that when there is a material mutual error in a contract. That is, the mistake is on the part of both contracting parties and is so fundamental as to alter the purpose of the agreement. . . .

THEN the contract is subject to being rescinded by either party * and the parties are restored to their former respective positions.

If you were to file such a lawsuit and introduce the documents you have mention attesting to the fact that the vehicle delivered materially differed from that intended, it seems to me that it would put the dealership in a Joseph Heller Catch-22.

That is, faced with the evidence that the preliminaries described a car other than that delivered, the seller would have to either admit that it mistakenly sold you the wrong car or that it purposely sold you the wrong car.
_____________________________


[*] There can be instances (not here) where although the mistake was mutual only one party has the option of rescission.

 

[TigerD]

it was nearly identical, and I trusted the salesman, they didn't show me the car up close until I signed the papers, said it was being prepared, they never mentioned that it wasn't the original car, and my original contract had the correct vin number. I'm sorry that I'm a trusting person, but you honestly think that what they did isn't illegal? promising one car and selling me an almost identical car. That isn't punishable by law? Bait and switch? It wasn't a little dealership either but a major brand dealership.

I think you knew it was the wrong car and you accepted the car.

Today I went to pick up the car, I went into the dealership and signed all the paperwork, then the salesman brought out the car. When I sat in it I noticed that it hadn't been cleaned very well and then I noticed that there was no sunroof. He looked confused and said what sunroof, he said that I must be confused since we'd looked at many different cars before deciding on this one and I agreed and let it go, since I was running late to go to the insurance agency to get pictures taken for my car insurance.

You can pick one of two mutually exclusive paths here: Follow the advice latigo gave you or storm in talking about bait and switch.

Did you get taken? Yeah probably, but you were in too much of a hurry to do anything about it. If you follow latigo's advice you have a chance, if not you have none. Personally something about the story doesn't ring true to me.

DC

 

[TheGeekess]

I think you knew it was the wrong car and you accepted the car.



You can pick one of two mutually exclusive paths here: Follow the advice latigo gave you or storm in talking about bait and switch.

Did you get taken? Yeah probably, but you were in too much of a hurry to do anything about it. If you follow latigo's advice you have a chance, if not you have none. Personally something about the story doesn't ring true to me.

DC

Honestly. I'd turned right back around the moment I noticed it didn't have a sunroof and the car I ordered was supposed to have one. And I would have noticed it before leaving the lot, because tend I keep mine open except in rain.