Dealership charged for option I did not want

What is the name of your state? NY

After purchase of vehicle I found a phantom charge of $1.5k, I could not figure out what it was for, after talking to the manager he said it was for a coating/scotchguard option that was not ordered. It's not on the bill of sale, don't have a contract for it, and it's not on the option list with an initial next to it. I asked to see the contract for it but when manager pulled my folder it was not in there, and his explanation was that since the folder was handled a million times (previous dispute over refund of other options that took over 2 months) that it must have mysteriously fallen out and gone missing, yeah....

He told me he called the department in charge and to come back in two days and he would have the documentation with my signature. I knew this contract did not exist so I was a little paranoid that one would be forged, but when I went to pick it up and look at it, the customer signature was not of mine at first glance, not even close. I went to the salesperson who gave the contract to me and claimed this was forged, and he became confrontational and said that it was my signature and has me on camera signing it. I then demanded to see the manager, but the salesperson claimed he was not there, after storming off and threatening to take legal action I was talking to the manager 2 minutes later.

He gave me the same explanation that it was signed by me, but after looking over the signature one more time I noticed it said "sign or fill" I brought this up and manager said it meant signature on file, and said that signature was one file. He refuses to refund me, claiming the scotchguard/coating is already on the car and he cannot. From the previous dispute, the taxes on the options were not refunded and a remote starter that was supposed to be installed never was (and I'm not even sure this option is on the car) but I am still charged for it. I also brought that up, he said he'd gladly refund those but if I was seeking further legal action he wouldn't do anything else and would only speak when we got our lawyers together.

I said I would like to have the remote starter/taxes refunded and he quickly counted up the total (in the previous dispute it took two months of persistence...) but said he would only proceed if I agreed to sign a contract drafted up by his lawyer that I would not seek any further legal action. I said no thank you and left.

Now two questions, I believe I have a great case since they have no contract and they seem to be hoping for a hail mary and trying to call a bluff. Do I? Would it also be worth it to seek legal action? (meaning how big would the fees be?) I heard if you win a case against a dealership they have to pay your legal fees, any truth to that? I'm just worried that they'll find some loophole to screw the little guy over and I'll be stuck with quite a few legal fees and lots of wasted time.

Thanks for help in advance.What is the name of your state?

Call your local state consumers protection agency (start with the attorney general) ask them to mail you a complaint form. When you talk to the dealer again say that you are waiting on a form from the Attorney General and you cannot do anything until you hear back from them. Drop a hint that you intend to return the auto. (how long ago did you buy it? I see a mention of two months so maybe that wont scare them, maybe it will under your states lemon laws)

This is not legal advice it's just things I have used. The auto industry has pissed me off so much I go 6 years between cars. I should trade at 4 years but it takes me 2 years to get up the nerve to face that grueling process. A year ago I went through the process and they tried to add a whopping 5K, all which were added by Bill Heard after I had signed a contract where they were not listed. If you added the actual cost of these nonsense charges, Windshield replacement, some stupid car theft system, you know the one that makes you sit in a parking lot for 10 minutes until it resets. Actual cost of these things? maybe 20 bucks for the ignition switch.

In the future during your test drive take 4 fifty dollar bills out give your salesman one of them and tell him he'll get the other three based on how much money he saves you - the salesman makes very little from these charges (in fact almost nothing,) it's the sales manager who is adding these - you know the guy who acts like he's your guardian against bad deals)

It's been too long to take the car back, I tried doing that from the beginning after they screwed me over big time, but I didn't think NY had lemon laws in which I could return a new car back. So I fought to get some of the options they tacked on off, and got 3 of them off except for the one I'm fighting for now, which I knew I could get off since I know there was no contract. I really dont' think they will budge anymore, and all I can do right now is either forfeit 1.5k or get an attorney.

Or, sue in small claims court for the amount you feel you are due. The fees aren't that much, and they will be added to any judgment you get.

You dont have to have to have an attorney in small claims court, the dealer will have one but in theory the Judge should minimize the lawyer's power and make it as fair as possible. If you're ready to give up the money anyway what have you got to lose.

Here's the first link I found to get you started Learn the process before you go to court, just facts no emotions. Learn what each part of a trial is supposed to accomplish etc. It's a good experience at any rate.

http://www.tenant.net/Court/Howcourt/sclaim.html