Bought 4WD Jeep but it's actually only 2WD

[kenbake]

I bought a 2015 Jeep Cherokee 4WD, at least according to Carmax and all the papers I signed. This past weekend with the snow I slid into a curb and bent the tie rod and had to get it replaced. When the mechanics were looking up parts I overheard them say it's a 2WD and I said if you're talking about mine it's supposed to be 4WD. He walked out and looked underneath and confirmed it is a 2WD vehicle. I went back to Carmax and they agreed they messed up and I've been negotiating with them about getting this right.

What are my options?

 

[Zigner]

I bought a 2015 Jeep Cherokee 4WD, at least according to Carmax and all the papers I signed. This past weekend with the snow I slid into a curb and bent the tie rod and had to get it replaced. When the mechanics were looking up parts I overheard them say it's a 2WD and I said if you're talking about mine it's supposed to be 4WD. He walked out and looked underneath and confirmed it is a 2WD vehicle. I went back to Carmax and they agreed they messed up and I've been negotiating with them about getting this right.

What are my options?

What US state?
When did you buy it?
How did you not notice the lack of ANY indicators that the vehicle was 4wd (interior controls, badging, etc.)?
What has Carmax offered?
Is that agreeable to you?

 

[kenbake]

What US state? - Maryland
When did you buy it? - September 2018
How did you not notice the lack of ANY indicators that the vehicle was 4wd (interior controls, badging, etc.)? It was explained to me that it's AWD and the system controls it. I've never had a 4WD/AWD vehicle before so it sounded plausible.
What has Carmax offered? - 2 offers:
1) Cut me a check for $1,500 for their error and keep current Jeep - if I do this then I end up where I am now, no 4WD vehicle and a loan based in part on the vehicle being 4WD, not 2WD.

2) Buy the Jeep back, pay it off, and give me $1,500 towards any other vehicle. When I bought my Jeep I put down $1,300 so this offer kinda gets me to where I want to be but with the change in interest rates between September (when I bought my Jeep) to now is like 2.5-3%, so my monthly payment would go up $40-$50.

As I explained to Carmax my ideal resolution would be to walk out with the same exact vehicle I have, but it's the 4WD/AWD version.
Would it even be worth going the lawsuit route?
Should I just pick one of these 2 offers and go about my business

 

[LdiJ]

What US state? - Maryland
When did you buy it? - September 2018
How did you not notice the lack of ANY indicators that the vehicle was 4wd (interior controls, badging, etc.)? It was explained to me that it's AWD and the system controls it. I've never had a 4WD/AWD vehicle before so it sounded plausible.
What has Carmax offered? - 2 offers:
1) Cut me a check for $1,500 for their error and keep current Jeep - if I do this then I end up where I am now, no 4WD vehicle and a loan based in part on the vehicle being 4WD, not 2WD.

2) Buy the Jeep back, pay it off, and give me $1,500 towards any other vehicle. When I bought my Jeep I put down $1,300 so this offer kinda gets me to where I want to be but with the change in interest rates between September (when I bought my Jeep) to now is like 2.5-3%, so my monthly payment would go up $40-$50.

As I explained to Carmax my ideal resolution would be to walk out with the same exact vehicle I have, but it's the 4WD/AWD version.
Would it even be worth going the lawsuit route?
Should I just pick one of these 2 offers and go about my business

The second offer is a totally fair deal. You should agree to it. The first offer is a good one too if you don't mind driving a 2WD.

 

[Shadowbunny]

Would it even be worth going the lawsuit route?

Should I just pick one of these 2 offers and go about my business

Only you can make the decision about a law suit. However, the offers they are making sound reasonable. It was incumbent on you to know what you were buying -- a little bit of research before the purchase would have led you to realize it was not a 4wd. As they are offering to mitigate your damages, I'm not sure what you think you should sue for.

 

[Zigner]

What US state? - Maryland
When did you buy it? - September 2018
How did you not notice the lack of ANY indicators that the vehicle was 4wd (interior controls, badging, etc.)? It was explained to me that it's AWD and the system controls it. I've never had a 4WD/AWD vehicle before so it sounded plausible.
What has Carmax offered? - 2 offers:
1) Cut me a check for $1,500 for their error and keep current Jeep - if I do this then I end up where I am now, no 4WD vehicle and a loan based in part on the vehicle being 4WD, not 2WD.

2) Buy the Jeep back, pay it off, and give me $1,500 towards any other vehicle. When I bought my Jeep I put down $1,300 so this offer kinda gets me to where I want to be but with the change in interest rates between September (when I bought my Jeep) to now is like 2.5-3%, so my monthly payment would go up $40-$50.

As I explained to Carmax my ideal resolution would be to walk out with the same exact vehicle I have, but it's the 4WD/AWD version.
Would it even be worth going the lawsuit route?
Should I just pick one of these 2 offers and go about my business

We can't tell you what you "should" do - you need to decide that for yourself.

Having said that, if the difference between the two is ~$1,500, then you can take that $1,500 (offer 1) and use it to pay down the principal on your loan. You would, of course, have a 2wd instead of a 4wd...
I don't understand how the interest rate increases would increase your interest rate by 2.5%-3%. Has your credit position changed since September?

 

[Zigner]

Only you can make the decision about a law suit. However, the offers they are making sound reasonable. It was incumbent on you to know what you were buying -- a little bit of research before the purchase would have led you to realize it was not a 4wd. As they are offering to mitigate your damages, I'm not sure what you think you should sue for.

I agree, however if all the paperwork that was signed indicated that this was a 4wd, then the OP has a plausible argument. Of course, the best he could hope for in court is either a recission of the sale, or to receive the difference in value between the two. A recission is similar to offer #2, but actually leaves the OP in a worse position. Receiving the difference in value between the two is the same as offer #1.

If the paperwork indicated that the vehicle was a 2wd (or, better said, did not indicate it was a 4wd), then the OP's attempt at "trading up" with no additional cost isn't going to fly.

 

[kenbake]

Yes, ALL paperwork showed it was a 4WD/AWD.
I know it's not possible because of the car loan but the perfect end result for me would be to just swap out my Jeep for one the same year, same mileage, same features, etc., but it has AWD and I keep the same payment I originally agreed to.. I'm not asking for anything extra, I just what I agreed to buy and don't see why their error should end up costing me almost $3,000 ($50/month x 72 months).

I appreciate the insight folks!! Think i'm gonna take option 2 and get the AWD I wanted from the beginning.
THANK YOU ALL!!

 

[Zigner]

Why is the interest rate so different?

 

[adjusterjack]

don't see why their error should end up costing me almost $3,000 ($50/month x 72 months).

Uh, it was your error, bub, for not doing your homework before buying. I didn't know, or I trusted, are not excuses. You get to share some of the loss. The dealer is being fair.

Would it even be worth going the lawsuit route?

No.

Should I just pick one of these 2 offers and go about my business

Yes.

If you want 4WD/AWD take option 2 and go buy what you want.

Next time do your homework. Check the VIN on the following website:

https://www.vehiclehistory.com/vehicle/land.php

Or just google the VIN and you'll get all sorts of information.

Take the vehicle to your mechanic before you buy it.