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Dealer sold a mis-labeled vehicle

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sgidley

Junior Member
California

My wife and I purchased a car about 9 months ago from a California dealership. We were shopping around for AWD vehicles. We finally settled on a 2009 Chevrolet Equinox. It was used but we bought if from a Chevrolet dealership. We thought it was an AWD because of the AWD label on the rear of the vehicle. We knew of no other way to know. As we were leaving I asked the salesperson if I had to do anything to activate the AWD and he said no, it's on all the time automatically.

As I was doing my first oil change the other night, I realized that this vehicle is not an all wheel drive. There is no drive shaft going to the rear of the vehicle, and no drive components going to the rear wheels. I believe somebody (before we bought the car) switched/added the AWD label to the rear of the vehicle.

We looked over the paperwork from the purchase, and unfortunately did not find anything that says "AWD" on it. However, it also does not say "FWD" anywhere which is the only other option for this vehicle, and is what mine actually is.

I have not yet contacted the dealer. I am very afraid they will try to assume no responsibility or blame me for changing the label, and that this will be very complicated just like purchasing the car was.

We were happy with the vehicle until we realized this new information. We have been illegally driving past CalTrans checkpoints unknowingly in the winter time, and luckily this has not caused us to get stuck or get in an accident.

So we still want an AWD. Best option for us is that the dealership replace our vehicle with one of the same or better condition (approved by us), with no expense to us.
If they want to settle in cash, I would have to do some blue book comparisons, ask for that difference, as well as taxes and fees for a new car.

Do I have any chance at getting either of these options? I am very worried the dealership will try to deny any responsibility or even put the blame on me. Any advice is greatly appreciated. Thank You!
 


You likely have a tough case but you can check with your attorney general's office. File a complaint there first & see what they come back with. They may have some case law for this type of happenstance. At least this is one avenue to follow that is no cost to you.
 

cyjeff

Senior Member
Two questions...

One, it is all the time AWD. How do you KNOW it isn't AWD? Have you checked the VIN? Check the carfax that came with the car...

Second, why did you wait 9 months before doing an oil change? Especially on a just purchased vehicle....that has been driven through the snow...
 

sgidley

Junior Member
Thanks so much for the advice about the attorney general. I know nothing about these matters and advice like this is greatly needed! Any other advice or experience that anybody has with something like this please inform me!

In response for the 2 questions:

I have just checked the VIN today and it indeed says the vehicle is a FWD, not AWD.

As far as the oil change goes, not that this matters but I will humor you, I go by the electronic indication of when to change the oil, and the "oil life" didn't expire till just recently.

This is really an unfortunate situation for us, as we have expected to keep this car for the long haul.

Also possibly of note, I never got a carfax. Is that required? I kept asking for one and they kept saying they would bring it to me but they never did. They told me it was previously a rental car, and since it was only 1 year old and the price was decent, I was happy enough with what I saw and test drove. Never suspected a phony AWD label on the back. How many people honestly would?
 

justalayman

Senior Member
It's going to be tough to prove anything with what you have unless the salesman remembers and admits to the AWD label being on the car. Other than that, they could claim you put it on there in an effort to attempt to rescind the sale or get some money back.




Do you have any pictures of the car very shortly after you purchased it that show the AWD label?
 

Country Living

Senior Member
Since this is a used car - did you have a mechanic check it? He would have confirmed it was FWD or AWD since that was an important feature to you. This is something you could have easily checked yourself.

Used cars are bought "as is" (unless there is an existing mechanical warranty that transfers to the new owner). BTW, we only buy used cars. The first thing we have done is a mechanical check. The second thing is replacing all the fluids and belts to baseline our maintenance records.

Nine months until an oil change?
 

sgidley

Junior Member
Thank you all for your replies. In hindsight of course, I could have crawled underneath the car myself at the dealership and seen if it was AWD or not in about 5 seconds.

I just didn't even THINK to do that. I bought a Chevrolet vehicle from a Chevrolet dealership that was only 1 year old. It had an AWD label in the back. I trusted the establishment. Clearly a mistake.

Obviously this is hard to prove... and even the dealership has a strong case. Any Joe could buy a car, put the AWD label on, and then try to blame the dealership. It could be an honest mistake from the dealer's end, they having received the car that way and not noticing the label was there. I sincerely think my salesperson really did think it was an AWD, but who knows for sure.

But even if a vehicle is sold AS IS, isn't there a misrepresentation issue here? If so, what can be done about it 9 mos after the fact?

Good suggestion on the pics.. I'll look for any, but I'm not sure what that will do unless I would have taken some at the dealership the day of the sale, which I didn't.

I do recall taking some for my family to see what the car looks like, and that was like within the week... so maybe that can help a little.
 

justalayman

Senior Member
But even if a vehicle is sold AS IS, isn't there a misrepresentation issue here?
as is would have nothing to do with this type of problem.

If so, what can be done about it 9 mos after the fact?
if you would have proof, a lot. No proof; nothing

Good suggestion on the pics.. I'll look for any, but I'm not sure what that will do unless I would have taken some at the dealership the day of the sale, which I didn't.
If you had pics 6-7-8 months ago, it would tend to support your claim. Who would have brought the thing home from the dealership 9 months ago and stuck the label on it and wait 9 months to make a complaint? It by no means is iron clad but it helps support the claim of misrepresentation.

and misrepresentation doesn't have to be intentional for it to be actionable.
 

JakeB

Member
I don't believe that your case is as bleak as the others.

The issue here is one of misrepresentation. The label misled you, and could be the basis for a partial refund (I think a rescission of the sale is unlikely after 9 months, unless the dealer agrees to it).

Sure, the dealer can claim that you put the label on yourself, but the burden is not on you to prove that you didn't. If the dealer makes that claim, then the dealer needs to back up that claim. If the dealer just throws that possibility out there with zero support, then a judge may not buy it. I'm not saying that you'll win, but it sounds like there's a reasonable chance of it.

However, before suing, you should just go back to the dealer and explain what happened. The dealer may offer to work something out with you. Suing should be a last resort.
 

justalayman

Senior Member
Sure, the dealer can claim that you put the label on yourself, but the burden is not on you to prove that you didn't. If the dealer makes that claim, then the dealer needs to back up that claim. If the dealer just throws that possibility out there with zero support, then a judge may not buy it. I'm not saying that you'll win, but it sounds like there's a reasonable chance of it.
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No, the OP is the plaintiff. They have to prove their case. A defendant does not have to prove anything, merely defend a claim by the plaintiff. If the dealership says it wasn't there, the plaintiff must prove it was, not the other way around.
 

JakeB

Member
No, the OP is the plaintiff. They have to prove their case. A defendant does not have to prove anything, merely defend a claim by the plaintiff. If the dealership says it wasn't there, the plaintiff must prove it was, not the other way around.
Proving a case is not the same as disproving a defense.

The plaintiff does not have to disprove every unsupported possibility that the defendant throws out there.
 

justalayman

Senior Member
Proving a case is not the same as disproving a defense.

The plaintiff does not have to disprove every unsupported possibility that the defendant throws out there.
Ok, let me make this simple.

Plaintiff says label was there. Defendant says no, it wasn't.

want to guess what the next move is?

Plaintiff must now prove it was there. Defendant doesn't have to prove it wasn't.

the onus is on the plaintiff to prove their claims.
 

JakeB

Member
Ok, let me make this simple.

Plaintiff says label was there. Defendant says no, it wasn't.

want to guess what the next move is?

Plaintiff must now prove it was there. Defendant doesn't have to prove it wasn't.

the onus is on the plaintiff to prove their claims.
That type of scenario is common place (especially in small claims court). Do you not think plaintiffs ever win?

It'll come down to who the judge believes, and he has every right to believe the plaintiff if he thinks that the plaintiff is telling the truth, and if he thinks that the dealer is either lying or is clueless about whether the label was there or not.

The plaintiff must prove his case, and his testimony, if believable, is enough to do it.
 

xylene

Senior Member
The AWD model sells for more than the FWD

If the car sold for the AWD price, and there is evidence to support it being represented as AWD, then the posters case has merits without much else (and it seems like there is...)

The dealer can claim "but but but" but unless those buts are backed up by having taken a bath on the sales price of the car... :rolleyes:
 

Kiawah

Senior Member
Not necessarily related to the legal aspects of your AWD claim, but do you know that the vehicle was not in an accident? Sometimes in the haste of getting the vehicle repaired and out the door, they may have ordered the wrong replacement sticker. Might explain 'how' the incorrect sticker got on the vehicle.
 
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