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Re: I think I was defrauded by my dealer...
Posted by A. Stein (more from A. Stein) on Thu, 6 Jul 2006 11:07:14
In Reply to: I think I was defrauded by my dealer..., NateinAA, Thu, 6 Jul 2006 09:49:15
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I come across these types of consumer cases involving car salesmen all too often. In my opinion, sales people range from quasi-honest to rotten to the core. Despite what they might tell you or appear to be, they are generally motiviated by the commission, nothing else. When dealing with them, caveat emptore is key. Also, any time there's an issue, they tend to have selective memory.
Have you since inquired with your salesman and dealer to confirm the agreement to CPO? If they step up to the plate, notwithstanding absence of written confirmation, then you should be ok. I would then ask for the confirmation in writing.
If, on the other hand, they deny CPO, then you may be looking at a case of he-said, she-said. Purchase of car is typically covered by statute of frauds, which implies agreement must be memorialized in writing and verbal agreements are generally disregarded.
So what your contract says will generally govern and you will need to argue for intereptation beyond the four-corners of the contract. Is there any term within the contract that might suggest ambiguity with respect to the CPO issue? You mentioned you paid an extra $1,200 for the CPO. Is that figure itemized in the invoice, or is it just added on top of the total price. If you can come up with ambiguities in the written agreement which tend to support your argument, then you may have a better chance of introducing the existence of a verbal agreement [i.e., dealer's promise of CPO to you] into the contract under evidentiary rules.
Good luck.
03'9-3SE vert'
88,000 miles
posted by 63.70.17...
Posts in this Thread:
- I think I was defrauded by my dealer..., NateinAA, Thu, 6 Jul 2006 09:49:15
- Happened to me, NickR, Mon, 10 Jul 2006 20:11:53
- Update: The plot thickens, NateinAA, Thu, 6 Jul 2006 17:38:31
- contact the atty general in your state, Pat, Thu, 6 Jul 2006 16:42:56
- Re: I think I was defrauded by my dealer..., A. Stein, Thu, 6 Jul 2006 11:07:14 <-- Viewing This Message
- Re: I think I was defrauded by my dealer..., Shauno, Thu, 6 Jul 2006 10:28:30
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