Duped by dealer, do I have legal recourse?

I hate to say this but this is how business works. "Morals" go all out the window when money comes into play. You did exactly what they wanted, they gambled that they would still be able to sell you another vehicle and their gamble paid off. Its just sour grapes at this point and all you should be worried about is the vehicle you ended up with.

 

You really don't have any options.

Yes, they screwed you out of your original vehicle.

You should never have bought the other vehicle for the same price. It had more miles. And as you found out didn't have the same package. Of course, you should have researched the packages yourself to determine exactly what package you were buying.

They screwed you and you have no legal recourse except to bad mouth them at every opportunity.

Be sure to list them in the "bad dealer" thread here on Priuschat. You'd be surprised what comes up in a Google search. You'd think dealers would get a clue to the internet, but there are still plenty of people out there that don't do their homework.

 

Dont know about where you live but here in San Diego, theres a guy that has his little segment...The Turko Files. Where citizens can go with their problems/gripes and he brings it out publicly. Maybe try and see if the news will do anything like that or the papers maybe to try and take away some of their potential business due to their practices. Also, you may be able to contact the BBB of the area.

 

Better Business Bureau is a waste of time. They're feckless.

 

Did you come to an agreement with the dealer about the application of your deposit? Did you put any of this in writing?

If the agreement (regardless of whether it was in writing) was that you would get a 2007 Package 5 with 7,000 miles for $xx,xxx, and they didn't offer it to you, then you didn't have to complete the transaction.

If the agreement was that you would get a SPECIFIC (VIN on the contract) car for a SPECIFIC (actual dollar amount) price, then when they didn't sell it to you, but they sold it to someone else, you would be able to sue for breach of contract. Most likely, though, you would not be able to recover the car. Instead, you would be given the option of forcing them to perform something close to the original contract and give you any lost value as well. If there was a writing with specifics, then we might have something to act on.

In any event, you have completed a transaction. If the contract you signed describes something other than the car you purchased, then you have a real opportunity to make a claim. Otherwise, the best you can do is claim a bait-and-switch. This will be difficult to prove, but it wouldn't be impossible.

The reality is that you revised your deal with them when you agreed to purchase the other car for a similar sum. The chance for a claim against them in this situation is exceptionally small, unless you have a contract, in writing, describing the car you were supposed to buy.

Now, having said all of the above, I offer you the more difficult question: What are your principles worth to you? I've had many clients demand that I act for them because their claims are matters of principle (some of course are matters of principal, but that is another issue). I respond, as politely as possible, by asking them the value they place on this principle and whether they are willing to spend it on me in order to get the desired result. Most people in this situation are upset or offended at this question, but if they have an opportunity to consider it carefully, they will see that a legal action is not the best way to respond. (Further, I do not want to send a very expensive bill to someone who already has had a financial loss and will not get any money in a judgment.)

I have no doubt this dealer took advantage of your exceptionally high desire to purchase a Prius. The deposit seems unusually large to me, and it must have seemed to them a guarantee you would pay about any price for the Prius presented to you. No doubt they would have been happy to return your $12,000, because there likely was someone else in the next office ready to pay as much.

I'm sorry you've gone through this experience, and I only hope it does not diminished your enjoyment of a truly great automobile.

 

I'm very sorry this happened to you. Just curious... have you tried having a chat with the owner?

 

Isn't this what is called Bait and Switch? It's illegal. I'd ask for a refund of some funds for the lower package and additional miles or call a lawyer.

 

+1
Although talking with the owner may not inflict the pain you wish to inflict it may put some cash back in your pocket without the hassle of getting legal eagles into the mix. It cost you almost nothing. While talking to the owner take notes.

After talking with the owner, if you haven't reached a satisfactory resolution get on the phone and ring Toyota customer care. Even though this wasn't a new purchase Toyota would like to protect the reputation of their name, they have no interest being associated with companies who behave in this manner. They may be interested in applying a little pressure on the dealer on your behalf.

If that fails you need to consider how much pain you want for you. Bad mouthing a dealer is bad unless you have evidence to carry in to a civil court to show that on the balance of probabilities you are right in what you say. Taking legal action may result in costs to you. Do you have a small claims court?

 

I am to the point in my looking for a Prius that I am not sure I want one or not to have to go through some ordeals like I have seen here lately. I just can't buy something like this without actually putting an "eye" on it first. When I have talked to dealers and they say there are 10 more out there wanting it and you better hurry up, I just tell them to let those other 10 have it. I am not getting into that game of who has the deepest pockets gets the car. I can still wait.

 

Yup, they boned you for sure. Sorry, but I don't have a clue in terms of the legality of it.

... Brad

 

Have you considered running a Carfax history to see if the car in question had actually been in an accident? I wouldn't be surprised if they just defrauded you.

In any case, this does smell like a bait-and-switch, and many lawyers out there might sit with you for a free 1/2 hour consultation and would be able to better inform you if you have a case.

 

Thank you for letting us in on your thought processes. I hope you end up fully satisfied not only in your Prius, but also the relationship with the dealer. Have you advised the dealer of your concerns? Have you followed up on some of the other suggestions (the sale on the first car by following the PIN and the ordering of a CarFax report)? Those could go a long way in establishing whether the dealer was trying to dupe you or you were just a bit too anxious about getting a Prius and therefore were not as carefuly in your scrutiny when you picked up the package #2 car.

In any event, I am very glad you are now the owner of a Prius and are able to enjoy this great car. Thank you, also, for your valuable contribution to PriusChat!