Used SUV Not As Advertised: Purchased Months Ago

[Zigner]

...we wouldn't spend thousands of dollars repairing something IF we knew we'd get our money back, which is why we're asking this legal question...

You're not getting your money back for the car. Maybe it's time to head to the mechanic?

 

[xylene]

Your wife DRILLED a curb.

Prove that didn't beak the linkage...

 

[You Are Guilty]

The vehicle IS an AWD vehicle. The AWD has ceased functioning. It's not a case of false advertisement...it's a case of your car being broken.

I'm just going to throw this out there since I enjoy offering false hope, but if the dealer sold the truck as an AWD (in writing), and it turns out it is "only" a RWD model (that is, never had AWD, not just that the AWD doesn't work), then there could possibly, maybe, be a miniscule chance of a small amount of restitution that is in order. Of course, there is the whole "caveat emptor" thing to contend with, even here, but at least there is a glimmer of an argument to be made for the buyer.

(Actually, I just mention it since we have no idea why the trucks' front wheels aren't being driven. Odds are the AWD system itself is shot, but on that .1% chance it isn't...)

 

[Zigner]

I'm just going to throw this out there since I enjoy offering false hope, but if the dealer sold the truck as an AWD (in writing), and it turns out it is "only" a RWD model (that is, never had AWD, not just that the AWD doesn't work), then there could possibly, maybe, be a miniscule chance of a small amount of restitution that is in order. Of course, there is the whole "caveat emptor" thing to contend with, even here, but at least there is a glimmer of an argument to be made for the buyer.

(Actually, I just mention it since we have no idea why the trucks' front wheels aren't being driven. Odds are the AWD system itself is shot, but on that .1% chance it isn't...)

I agree - but the OP was pretty clear that the vehicle IS an AWD model.

 

[swalsh411]

Have you actually looked under the front of the truck to see if it has AWD?

 

[tony17112acst]

"Have you actually looked under the front of the truck to see if it has AWD" ...good question, but absolutely!

We not only verified with the option code list in the glove compartment (code NP4) but also observed the front drive axles which would be absent with a RWD model.

 

[tony17112acst]

The paperwork AND advertisement show it to be an AWD. I'm acknowledging it is indeed built as an AWD (as advertised), it just doesn't work. So doesn't that make it a RWD vehicle when sold (since just the rear wheels are driving it).

So even thought the hardware for AWD is present, I feel it to be unfair to advertise it as an AWD vehicle when in fact it is not an AWD when sold (since it is not functioning).

Isn't it like advertising a TV that's high definition and when you get it home, it's not.

 

[Dave1952]

You bought this months ago without having it inspected by a mechanic. There is no reason to believe that it was not working properly when you bought it. You've been using it for months and have been happy (?) with it. Recently you've had an accident with it. You now notice that the AWD is not working. Why would anyone, most especially a judge, believe that the SUV was broken when you bought it? Remember that you, as the plaintiff, will need to prove that.
Find a mechanic and get your SUV fixed. A suit will be a waste of your time and money since you will not win.

 

[OHRoadwarrior]

You won't get your money back. You should have made sure the AWD was working before relying on it. I just assisted a woman who had the same problem, climbing in front of my house. Once I determined her AWD was not working, she called her hubby to pull her up the hill with his Hummer. Part of your routine vehicle inspection should be a systems check, before relying on the systems.

 

[justalayman]

.

So doesn't that make it a RWD vehicle when sold (since just the rear wheels are driving it).

So even thought the hardware for AWD is present, I feel it to be unfair to advertise it as an AWD vehicle when in fact it is not an AWD when sold (since it is not functioning).

as you were told; it is an awd. It is just a malfunctioning awd.

Isn't it like advertising a TV that's high definition and when you get it home, it's not.

No, it isn't. Not at all. It would be like selling a high def tv that really is a high def tv but when you get the 8 year old tv home, without first ensuring it worked properly, it only displayed in low def.

 

[cbg]

Okay, Tony. Try this.

You're in court. You're the plaintiff - the burden of proof is on you.

Prove that the AWD feature was malfunctioning the day you brought the vehicle home.

We're the judge. Make your case.

 

[swalsh411]

Don't give him false hopes. He has no case.

 

[cbg]

I know that. But he doesn't seem to be getting the idea. Perhaps having to put together a provable case will cause it to sink in.

 

[tony17112acst]

Using a provable case for leverage was in my originally post, in fact it IS THE ESSENCE of my posting/question. So my question originally was: "Do I have a case" and your answer is: "Well, that depends on whether you have a case?" Somewhere we got lost.

It looks like that since the hardware for AWD is present, that that's all the dealer would be responsible for. I'll have to live with it, so I'm done.

I must say I am disappointed with the:
1.) constant sarcasm in the replies
2.) the high-mindedness in the replies
3.) the overall professionalism here.

For some reason I stupidly assumed this was a forum with attorneys that answered very, very basic legal questions. I am starting to think that there are no attorneys here and in that case, why would I come here for a legal question? Thanks again everyone.

 

[justalayman]

so, since you posted no provable case, that would mean you would lose if you took this to court.


as to attorneys: read the TOS. While there are likely more attorneys responding than you will ever know, they are not advising you as a client.

and attorneys are people too.


If you prick them, do they not bleed?
If you tickle them, do they not laugh? If you poison them,
do they not die? And if you wrong them, shall they not revenge?
If they are like you in the rest, they will resemble you in that.