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      08-20-2012, 12:59 AM   #1
zsupreme
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Dealer Lied to Me. What are my options?

Hello,

I purchased a 2007 bmw 328i coupe from a Toyota dealership about 50 miles from my home. I took it for a test spin, went inside, spoke numbers and walked out with a sweet deal (or so i thought). It should be mentioned that I traded my 2006 G35 coupe in the deal.

Well, its the day after, I'm driving around in my car and i notice the seats are a little weird. Not really like leather. After checking various sources online and the door panel (there was no stitching by the door handle) I have confirmed that I have leatherette seats as opposed to the advertised leather. This bummed me out as im not a fan of the leatherette. Had I known the interior was leatherette, I dont think I would have purchased this vehicle.

Furthermore, the car was in an accident, something they did not explain to me and something I did not notice when glancing over the carfax. I know it was negligent of me to overlook this but still, I feel they could have addressed it. Upon further inspection of the car, the frnt hood does not align properly with the nose of the car by the kidney grills. Chances are the previous owner rear ended or ran into something.

I feel jipped. The financing deal is contingent on sending in current paystubs tomorrow (monday) morning.Their website ads for my car (which are not up anymore) state the car comes with leather, as does the KellyBlueBook sticker that was included w/ the vehicles price Would it be wrong to demand that they deduct the depreciated-valued difference between leather and leather? Since I have not sent in the paystubs, the bank has not finalized the loan. I could not produce the recent paystubs and theoretically turn in my car.

I dont know. I feel duped and a little taken advantage of. The staff was friendly and courteous but I feel they were not honest and I have a vehicle that isnt what I signed up for.

TL;DR- bought a car w/ leatherette instead of advertised leather. Car also has been in an accident

Any advice would be appreciated. Dealers, lawyers, consumers. Thanks for reading.
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      08-20-2012, 01:13 AM   #2
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Don't provide them any pay stubs and give the car back imo.
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      08-20-2012, 01:49 AM   #3
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give them the car back its false advertising which is illegal.
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      08-20-2012, 02:17 AM   #4
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Quote:
Originally Posted by gnhm3 View Post
Don't provide them any pay stubs and give the car back imo.
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      08-20-2012, 02:19 AM   #5
zsupreme
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would that work tho? I mean we agreed to a certain contract, with $xxx.xx a month. If i am unable to produce current paystubs, then I would not be able to maintain the amount we agreed to, thereby nullifying the deal.

Is this possible and/or accurate?

Keep in mind that I traded ina car, which they paid off the remaining balance of, and put the equity towards the purchase of the 328i.

Realistically, I know the carfax should have been on me and i dont think I can pursue that avenue but I feel the leather vs. leatherette issue is big enough to be a deal breaker, especially since it was an option figured in to the negotiating and final price of the car
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      08-21-2012, 01:24 AM   #6
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Check with your State Department of Consumer Affairs or Attorney General's office and see if there's a Right of Rescission law, or other legal recourse.
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      08-21-2012, 09:40 AM   #7
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Quote:
Originally Posted by zsupreme View Post
would that work tho? I mean we agreed to a certain contract, with $xxx.xx a month. If i am unable to produce current paystubs, then I would not be able to maintain the amount we agreed to, thereby nullifying the deal.

Is this possible and/or accurate?

Keep in mind that I traded ina car, which they paid off the remaining balance of, and put the equity towards the purchase of the 328i.

Realistically, I know the carfax should have been on me and i dont think I can pursue that avenue but I feel the leather vs. leatherette issue is big enough to be a deal breaker, especially since it was an option figured in to the negotiating and final price of the car
I highly doubt they've already paid the car off, especially if it was yesterday you traded in. Go back immediately
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      08-22-2012, 03:42 PM   #8
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You probably signed many pieces of paper... Are you sure the paperwork for the loan and the paperwork for taking possession of the car are the same document? Just because a loan falls through (due to not providing check stubs) does not necessarily mean the dealership can't pursue you for the cost of the car, very likely ruining your credit in the process.

Your first step should be to contact the dealership and see if you can work something out... That may or may not work, but this rules out the most painless option first. Don't yell, don't get angry but don't be flexible, talk to the highest member of management you can find. If you're positive they lied to sell you the car, state the facts you know and if you're not offered compensation, see if they will give you their response in writing on an official letter head document. Worse comes to worse... just write down their response for your own notes.

If unresolved, call the loan company and explain the situation but don't forget that they had nothing to do with the situation, best hope is that they understand and are willing to give you a time extension for providing the stubs.

Then, set up a consultation with a lawyer to figure out your options... that's pretty straight forward.

You probably screwed yourself on not acknowledging the accident on the CarFax.
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      08-22-2012, 03:58 PM   #9
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I wouldn't take the car. The leather/leatherette issue is a blessing in disguise. You should be able to back out of the deal due to false advertising regardless if they intended to deceive or if it was an honest mistake. The conditions of the contract have been altered by them. You should be able to refuse the deal. Don't even mention anything about you missing the accident report on Carfax. Tell them you had your heart set on real leather.

Spend 100 bucks and talk to a lawyer.
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      08-22-2012, 04:06 PM   #10
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I have to say you really should read the car fax when someone hands it to you. Additionally, in the future you need to look the car over way better. I look my purchases over with a magnifying glass when purchasing something I am passionate about. It'll be hard to change anything after the fact... But you can try.
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      08-22-2012, 05:52 PM   #11
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Don''t listen to the people talking about lawyers and shit, its hardly needed. Here is your solution:


Be "unable" to produce the paystubs. Thats it. Source? I work at a car dealership. If you haven't provided all of your "stips" (stipulations required by the bank in order to obtain financing), then the deal can't be done, and you owe the dealership nada. Its that simple.


After you are unable to produce your paystubs, then you're in the clear. Go find yourself a new car, with leather, and a clean Carfax. Read that sucker next time!
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      08-25-2012, 07:31 AM   #12
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The leather/leatherette deal could have been just an honest mistake on the part of the TOYOTA dealer. I have leatherette in my car and most people assume it is leather (because it is a BMW afterall). The car was being sold by a Toyota dealer that probably assumed it was leather. How many adds have you seen for a 3-series that states "3.0L V6". Are you going to claim false advertizing on that?

Can't comment on the carfax thing; that's on you. You can't blame the dealer on that one.

I'd bring up the leather issue with the dealer and get an additional discount for it. Leatherette is not so bad and much easier to maintain. If the rest of the car is good keep it. Find out what the deatils were on the accident and see if you can get more money back too. It's a simple alignment of the bumper if the hood is sitting correctly between the fenders.
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      08-26-2012, 10:17 PM   #13
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Sorry to hear this happens to you. I think you should definitely challenge the dealer for what you should get. Buying a car should be one of the happiest things in one's life and if you believe you have all the rights to fight for what you deserve, go ahead and don't let them get away from this one. I used to work at car dealerships and yes, in many cases they will make things trickier than you think to make money.

They would have already paid off the loan you owe on your previous car (the trade in) in order to transfer the ownership from you to the dealer. If they have sold the car to another dealer or wholesaler, it is very difficult that the sale can be reversed. I would negotiate with the dealer and have them to put leather seats in for you (aftermarket leather seating surface isn't hard to do and in many cases, they can be better quality than factory leather in material and finish).

I hope you get the problem solved and enjoy your car as you original hope for. Best of luck.
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      08-27-2012, 01:05 AM   #14
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I had this happen to me with a used car from a dealer. When I asked him during the test drive if the car had been in any accidents, his outraged reply was "We are a BMW dealership!" A year later I discovered it had frame damage.
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      09-15-2012, 12:01 AM   #15
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Hi there,

You should take it back and cancel the deal on the fact that the car has been in accident and that was not disclosed to you as required. Also,did they provide you with a carfax? It happened to my father and we took the car back to the dealership, and told them that we will go to our county's consumer affairs and they would have a problem with their license. What they did was "false advertisment" as someone else mentioned here.They gave us our deposit back.Make sure you do not get the whole financing involved because they may try to keep your trade-in on the grounds that you did not keep your end of the deal.
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      09-15-2012, 12:08 AM   #16
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Although the internet is full of people who love to talk and give advice, go and talk with an attorney before you do anything. If the dealership engaged in fraud, you have legal recourse available to you.
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