Purchased used atv; told wrong year model

[iluvdalejr]

What is the name of your state? Illinois, but purchased atv in Indiana

We purchased a used ATV thinking it was a 2003 model. All paperwork (purchase receipt, purchase agreement that was faxed to lein holder, loan paperwork) shows 2003 model when in fact it is a 2002. We actually found this out by accident when we called Polaris with a question about a part number. The first thing Polaris asked for was our serial number from the ATV. Imagine our surprise when we were told it was a 2002 and that we had paid about $560-570 too much. The NADA book value states $560 and our lein holders' book value (which goes by your local area) says $570 less than for a 2003 model. I contacted the business we bought the ATV & was told they would investigate the matter. After numerous calls to our salesman & a visit to the company in question, they finally agreed that it is a 2002. I was offered $300 in accessories. The owner came to the $300 figure saying that the ATV has $200 in add ons (racks & a bag) and that should be taken into account. Of course, I turned this offer down. I gave in to their piss poor excuse $200 knock off and asked for $360 in cash ($560 NADA value difference minus $200 add ons). Bottom line, I contacted a local attorney (whom says I need too get an attorney in Indiana) and was told to demand the full $570 or take it one step further & actually retain a lawyer. I called the owner & asked once again for $360. He refuses to give in. He says $300 in accessories or he can send a driver to come pick up the ATV & he would pay us whatever we have into the ATV. He swears he can sell it for the same price he sold it to us (even though it is a year older than we were told) & maybe even more than what we paid for it. The owner actually got very angry with me & raised his voice several times. I called the owner today & left a message for him that we agree to just let him buy it back from us. BUT...I also called our lein holder & found out we would be losing $500 after we pay off the loan. Why should we have to lose $$$ for their fraud sale? I would like to know what rights we have what exactly my options are. BTW...The company in question is Complete Outdoor in Terre Haute, IN. Thanks in advance for any help or suggestions!!!!

 

[JETX]

As I understand your post, the seller has agreed to refund your money and rescind the deal. If correct, take it.

Your only other alternative (since you obviously can't agree to terms) is to file a lawsuit against the seller and show the court your 'damages' (differences in value). Personally, I would think that you would prevail in a lawsuit as you have considerable proof of the discrepancy and the value..... and that, as dealers, they are supposedly 'experts' who should have known the correct year of the ATV. As such, an argument could be made that they PURPOSELY intended to defraud the buyer.

 

[iluvdalejr]

Follow up...After several long distance phone calls on my part and arguing on a daily basis with the owner & store manager, they finally came to pick up the ATV. They did give me the full purchase price (& I have already cashed the check), but now I have another problem. When we purchased the ATV, the dealership gave us a "free" helmet (valued at $83). They are now wanting us to pay for the helmet since it is no longer part of the deal. It has been used, but has no scratches. Actually, it still looks brand new. I would like some opinions on this issue. I suggested to my husband that we return the helmet. We have already bought another ATV & the helmet doesn't match the colors anyway. I also thought about just keeping the helmet & never pay them another dime. Honestly, after being told "we will be there today" for 4 days in a row and putting my life on hold while waiting for them to show, I honestly prefer to just tell them to kiss my #%& and never set foot in their store again. If I were to do so, can they sue me for the $83? Thanks in advance for the help.

 

[JETX]

"can they sue me for the $83?"
*** Yes, at least that amount.

 

[stephenk]

Giving you a helmet doesnt obligate you to return the helmet. They can sue you for $83 but you have a strong defense. Plus, returning the helmet wasnt part of the return of the ATV, correct? Was anything put in writing about returning the ATV, your refund, etc.?

 

[JETX]

Giving you a helmet doesnt obligate you to return the helmet.

*** Stephenk, have you been on drugs lately.... some of your most recent posts lead me to believe you are on 'something'.
In this case, did you not see the writer saying "When we purchased the ATV, the dealership gave us a "free" helmet (valued at $83)." Since the 'deal' has been voided, the helmet (which was part OF the 'deal') should be returned also.

They can sue you for $83 but you have a strong defense.

*** And EXACTLY what 'defense' would that be???

Plus, returning the helmet wasnt part of the return of the ATV, correct? Was anything put in writing about returning the ATV, your refund, etc.?

*** If the contract regarding the ATV purchase was waived by both parties, then neither party should obtain 'benefit' after the waiver. The included helmet should be returned since the seller has requested it. And if it is not returned, the seller can take whatever action is needed, including the unlikely possibility of a lawsuit.

 

[stephenk]

It was a gratuitous giving and not part of the deal. Unless the original poster comes back and writes that the closing of the original ATV deal was based on getting a free helmet, the poster does not have to return a "gift" from the dealer.

 

[tami123]

Stephenk, have you been on drugs lately.... some of your most recent posts lead me to believe you are on 'something'.



...JETX, appalling and disrespectful.

 

[JETX]

It was a gratuitous giving and not part of the deal. Unless the original poster comes back and writes that the closing of the original ATV deal was based on getting a free helmet, the poster does not have to return a "gift" from the dealer.

And where did you get that??? Simply, this was a purchase with a 'freebie'. As such, the 'freebie' and the purchase are linked. When the 'deal' is undone, the freebie is returned.
We have a car dealer here who advertises a 'Free car' with every purchase. Simply, he 'gives' you an inexpensive car (like a Kia), with the purchase of a top end expensive car (like a Hummer). In your scenario, if the seller decided (for some reason) to agree to void the contract on the Hummer, the buyer would get to keep the 'cheap' car. Simply, that doesn't happen. When the 'deal' is undone by either party, the ENTIRE deal is revoked..... not just part of it.

Or how about this one:
http://www.heatherington.com/bio-tom/mktng_promo.htm
If the buyer managed to force cancellation of the pagers (either by law, or simply 'good marketing' decision), do you think the buyer would get to keep the BMW?? Of course not.

http://www.bestwishes.net/hu20stgaplfr.html
Do you think that the buyer would have a legal right to keep the Hummel plate if he cancelled the purchase??

Come on.... you aren't really saying that a 'freebie' thrown in to make a sale can be kept when the sale is cancelled, are you???

 

[JETX]

Stephenk, have you been on drugs lately.... some of your most recent posts lead me to believe you are on 'something'.

...JETX, appalling and disrespectful.

Wow, you managed to put together words with 3 and 4 syllables, respectively. Your folks must be so proud!!

 

[stephenk]

From the bestwishes site:

"Return Policy and Breakages
We want you to be 100% satisfied with our service and merchandise. All of our items carry a 30-day money back guarantee as long as they are returned in the same mint condition as received. If you do not wish to keep the undefective item you must return it at your shipping expense for a refund of the purchase price (you get full credit for merchandise, but not shipping cost). If you return merchandise that originally qualified you for free shipping, you will be credited the purchase price less the shipping costs that were incurred on the original shipment. Items returned after 30 days will be subject to a 25% restocking charge. Collectible items over $500.00, and special order items will be subject to a 20% restocking charge.

If an item arrives broken, we will be happy to replace the item at no cost to you. Please let us know immediately when an item has arrived broken, we need this information to properly make a claim with UPS. If too much time has alloted and the breakage has not been reported, we may be unable to claim, making it hard for us to provide you with a replacement. If you cannot let us know immediately, please contact us within 10 days of receiving the broken shipment. We thank you for your cooperation!"

At no point does it say that the gift must be returned if a purchased product is returned. That's why it's called a gift.

As for the pager promotion to get a free BMW, the small print conditions state that if any pager is returned to the dealer, the customer would be invoiced for the full price of the BMW. So the car is not a gratuity but a conditional gift. You must purchase and keep the pagers in order to get the car. If the dealer is selling 5,000 pagers at $10, the customer is paying $50,000 for a $25,000 car.

 

[JETX]

Ahhhh, you bring up a good point. Was the helmet a 'gift' or part of the 'deal'???

From the writers post (and the dealers claim): "When we purchased the ATV, the dealership gave us a "free" helmet (valued at $83). They are now wanting us to pay for the helmet since it is no longer part of the deal."
From that, I presume it was NOT a gift by the dealer to the buyer. And since the 'purchase contract' was rescinded, the FULL deal must be undone.

Though not exactly similar, I refer you to the process of a minor rescinding a contract. In such case, the minor must return ALL the items purchased to make the 'rescinsion' absolute. Retention of ANY part of the deal voids the claim of rescinsion.

Even though I doubt that this issue would ever get to a court, I have to think that if it did, the seller can easily show that the helmet was a 'part of the deal'..... and force its return or compensation.

 

[stephenk]

If i was the poster, i would take a sledgehammer to the helmet, then call the dealer and agree to return the helmet if they would pay for shipping. If they agree, package what remains of the helmet and send it back.

If they say no to the shipping, tell them the helmet will be on your front porch for them to pick up.

 

[stephenk]

Tami, no need to be upset at Jetx. the banter is part of the fun of this place.

now i must go and continue to download Shrek 2.