Car dealership tried to make us take truck in unsafe condition (vehicle, auto)
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We recently purchased a used truck from a San Diego dealership. Before we agreed to by the vehicle the dealer told us he would put brand new tires on the back for us if we wanted to buy. Also, it was missing a spare at the time so the promised that also.
We decided to purchase the vehicle. We left a deposit and they told us that they would call us when it was ready.
We went home happy with our purchase.
They called later in the day to tell us that the truck was ready.
I just had surgery so I could not drive so my husband went with a friend down to San Diego to pick up the truck. This is a 40 mile journey one way.
Well, our mistake was that my husband signed all the paperwork first.
When he and our friend went to take the truck, they noticed that the tires were not new, just different. And in the process, someone had cracked and broken one of the wheels in the rear.
Our friend refused to drive it. He told the owner that it was not jusy illegal but also dangerous. We refused to take the vehicle off the lot.
What is our recourse?
The dealership has our money our cash and the truck.
Our arguments are: 1) The truck was damaged somewhere between the test drive and the contract and was not the same vehicle we agreed to buy.
2) The truck was not delivered in the condition promsed.
3) He knowingl and willfully tried to get us to drive the truck in an unsafe and illegal condition.
What do we do?
I don't feel comfortable with this dealership and I want a full refund.
You might be stuck with losing your deposit. Signing the paperwork ahead of time was (as you now realize) a big mistake. They might just have you over a barrel.
You probably are going to have to go to court;from the sounds of it. First clue should have been displayed with what you say are unsafe tires.Snce you have nothing to show it probably will be your word agianst theirs really.
Calif law prohibits a dealer to sell a unsafe vehicle...they could lose their license.
Recourse is to demand a money (funds paid) returned and the deal cancelled.
If the dealer refuses to return the money...threaten to call the BAR (Bureau of Auto Repair in Sacramento. Nobody wants the BAR at their front door. I was in the Auto repair trade 17 yrs so know what to expect when the man walks in your door and hands you a card "BAR" from Sacramento. You can make a toll free call to Sacramento and give them the info...they will send out a local office rep who will let you know the results of his investigation before any need to go further.
If he still refuses then the other course is Small Claims Court where he will lose and the Judge may refer the judgement to Sacramento leading to a license revocation.
Against ther law in Calif to sell a unsafe vehicle be a private party or a licensed dealer.
Unfortunately, this is going to be one of those very sticky situations where it's a "he said -- she said" type of problem.
Absent a written agreement as part of the sales contract, the dealership can say whatever they want about the vehicle in response to what you claim was "the deal". They may deny that the agreement was for "new" tires, but simply better tires than what was on the truck when you demo'ed it.
The only thing I see at this point that would be a contestable item ... for which the dealership would be held accountable ... would be the "safety" item of the broken wheel rim. That single item is very curable by the dealership; they could simply install one replacement rim (and it doesn't have to be a new one, just a serviceable one) and the truck would now be "safe". All could be chalked up to a simple "misunderstanding" by the customer, and the dealer could actually paint themselves as being "good guys" at this time by replacing a bad wheel.
The big problem here is that you've "bought the truck", and have given them your money before you were satisfied with the vehicle. They've got a signed sales order and your money. Other than appealing to their sense of "customer goodwill" ... which they may have in very short supply ... you don't have a claim against them except to make good on the broken wheel rim. Even though the tires may be of different brand/quality, as long as they're functionally "safe", the dealer hasn't violated anything except your good faith in the deal you made.
As SteveB suggests, you can call the state authorities in on this deal. But what you'll see as a result is the dealership replacing the unsafe rim ... which leaves you with the balance of problems from the deal. Don't hold your breath that they'll now give you a new set of good tires ... they've already demonstrated that they don't care much about customer service/goodwill.
Taking them to small claims court over the rest of the details leading to your unhappiness is going to be very hard to prove if all you have is your verbal understanding with the dealership. While a judge may be sympathetic to your claims of what the deal should have been, it's what's written down in the contract that will prevail when the dealership says that's what the deal was. And the dealership has your payment to show your good faith in that paperwork, too. And I'll bet the signed sales order/contract specifies that only what's written down on the sales contract is what's in the deal ... and probably mentions that "verbal promises" are only valid if written down in the sales order/contract. It's a fairly common ploy on the part of car dealers to get you to acknowledge in writing what the deal is supposed to be ... and most folks don't read those pesky sales contracts in the excitement of buying a vehicle.
This type of deal gone south is why I always tell my clients to never put any money into a car deal until the car has been inspected by an independent shop and it's verified that a clear title to the vehicle is going to result when money changes hands. I'll never hand over any money on a deal unless I see a clear title being signed over to me, even if that means the vehicle stays put in the hands of the dealer for awhile; the only exception is to use a "sight draft" (which banks are reluctant to issue these days) or a sales contract placing the money in escrow until the clear title shows up.
Even new cars, never titled ... need a pre-buy inspection. You'd be surprised at how many are damaged in transit or on test drives, or by an executive driver from the dealership .... and repaired for sale, sometimes not very well.
At this point, I'll bet that the path of least loss for you is going to allow the dealer to replace the bad wheel rim and take delivery on the truck you bought. Anything else will likely prove to be a carnival of frustration and expense. I'd bet you'll be a little less trusting next time you buy a vehicle and pay a lot more attention to the details to complete a deal ... sorry, but this type of expensive lesson happens all the time in this business with a lot of dealers and salesman building high hopes for a great deal in the minds of their customers. Many times, the customers will be disappointed and out some real money.
I agree with Sunsprit. About the 'new' car damage though, if a new car is damaged and repaired, it has to be disclosed to the purchaser if the repairs are over 'X' amount of dollars, witch the 'X' is usually pretty low.
To the OP, is this a 'B-lot' dealer, or one that sells new cars too? How did they not notice a broken wheel and you did? Not saying it couldn't happen, but it takes a LOT of force to break a wheel. Not just dismount and mount tires. Most wheels don't even break, most just bend. And the used tires they put on are probably what they meant when they said 'new', just being serviceable tires. I don't think you have much to go on besides them replacing any cracked, broken, unsafe wheel.
I know it works, because my tenant bought a 3 year old Ford Explorer last year... about 20 minutes after leaving the lot the oil light came on... there was no oil showing on the dip stick.
She had the car towed back to the dealer and they offered to put oil in and give her a coupon for a free oil change... she demanded her money back and left the car... it took about 10 days till she had her money
Nice info on the Calif law which is just 2-1/2 yrs new.
Read the whole thing...still think the dealer screwed up and should make things right for the buyer to his/her satisfaction. The term "NEW" is just that "NEW" and not a different two brands of used tires. Tire pattern on the rear will not make any difference in handling but the feel on the front if they are rotated will definetly show going down the road.
Personally I always buy my new tires in pairs and put the new ones in the front each time.
Wonder what would happen if the buyer were to walk out front with a picket sign about the problem.
Dealer would not want the publicity.
I did this with Pep Boys and had my satisfaction and problem dealt with in 1 hr 15 mins. Steve
I know it works, because my tenant bought a 3 year old Ford Explorer last year... about 20 minutes after leaving the lot the oil light came on... there was no oil showing on the dip stick.
She had the car towed back to the dealer and they offered to put oil in and give her a coupon for a free oil change... she demanded her money back and left the car... it took about 10 days till she had her money
Not missing anything here, Ultrarunner ...
The "certain situation" is that the dealership offered the "two-day contract option" to the buyer, and that the buyer accepted and paid for that option as part of their purchase.
The fee schedule is set by the state, for example $150 for a vehicle priced under $5,000 ... and goes up from there to cover used vehicles under $40,00 in retail price.
As the OP didn't mention purchasing the "option" with their used truck, it's unlikely that they have it in force. I'll bet that they were offered the "option" as part of the sales paperwork, and that they have initialled their non-acceptance of the offer to buy the 48 hour return option.
With such laws mandating proper licensed dealer used sales operations, it's highly unlikely that the dealership didn't follow the law on this ... some folks in the car business may be marginally ethical, but they're not stupid when it comes to serious fines and possible shut-down of their cash cow. And I'll say that communication is everything ... a salesperson may say "new tires" and the buyer hears "BRAND NEW TIRES on the back end", but what they meant was we'll put on "newer tires in better condition" than the unsafe tires that are on the truck now.
That's why you, as a buyer, have to pin down exactly what "NEW TIRES" are going on the vehicle ... by brand, series, size, etc. Heck, I even got taken on a deal with this one ... BRAND NEW, UNUSED, new old stock tires from Pep Boys ... in four different sizes, on an Alfa. They didn't match, the car didn't handle properly, and the front tires were too big to allow the steering to turn fully in the wheel wells ... but I did get NEW tires delivered with the car. My bad ... I had flown in to LA to pick up the car, had no other transportation ... and had to stop in at a 4-day tire store on the way home and get proper tires installed before continuing on my 2 day drive homeward.
My bet remains that the OP signed everything when presented and asked to do so, and paid their money in good faith for a deal ... and the dealership and the salesperson can back everything up with all the correct documents. They've bought a truck.
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