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Leased car didn't have options promised...

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leasedacar

Junior Member
I leased a new Cadillac from a dealer with the understanding that it had a built-in state of the art navigation system. I made it very clear that it must have a navigation system and that the particular nav system option for this vehicle was the reason I was selecting it. I was told it did and was given a computer printout which indicated that it did have the nav system.

Once I signed the lease papers and took delivery of the car I found out it did not have a nav system. The dealer tried for months to rectify the problem but turns out the car cannot be fitted with the nav system. The BBB was of no help and since it is not a defect, the lemon law is of no help.

I still have the computer print out and other documentation to convincingly prove that I was lead to believe that the car had the nav system and that that was the main reason I leased the car. This is beyond dispute.

Can I make a 'successful' legal issue of the fact that it did not have the main option that I was looking for. Would a breach of contract apply? The lease agreement I signed, which is silent on the issue of options and features, does say, "This is the entire agreement between you and us". Does this simple reference preclude me from taking legal action and hopefully prevailing? I live in NY if that matters.What is the name of your state?
 


leasedacar

Junior Member
Yes, I did, but there was no way to tell if this feature was installed. I had to wait til 24 hours after the car was activated in the OnStar system before I could call from the car and setup the features. When I did do that the next day after receipt, I was told it did have OnStar, but not the navigation feature. I then went right back to the dealer and the odyssey began.
 

Zigner

Senior Member, Non-Attorney
You are entitled to what the car would have cost without the system (maximum)
 

leasedacar

Junior Member
Sorry, I am not clear on exactly what you mean. Can you elaborate please? My main concern was that they can hang their hat on that line in the agreement and since the agreement does not mention the nav system (nor any features at al) then I have no recourse.

The price is the same with and without the nav feature. My car was an early production year model and was not installed with latest hardware to accept the nav system. Ideally, I would like them to "repurchase" the car and refund my one time up front lease payment of about 16K. Does that 'entire agreement' line preclude me from doing this?
 
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You Are Guilty

Senior Member
You put $16k down on a lease?!? :eek:

As far as your lease agreement is concerned, since no one has read it all but you and your dealer, it's impossible to say. However, there is a possibility that a court would be willing to look beyond it to your "computer printout" even with that clause in it. Only one way to find out...
 

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