My question involves a consumer law issue in the State of: OREGON.
In early 2017 I purchased a new 2016 vehicle. A few months later I was at my dealership learning about the computer screen features when the page that shows how fast your car has been driven came up. It revealed a posted Top Speed of 173 MPH. I informed my dealership that I felt this should have been disclosed and I wanted to return the my car. I didn't expect them to replace it with a 2017, so I offered to purchase a new 2017 at the current MSRP. They were immediately supportive and agreed to credit what I had paid for the 2016 toward the new car. According to the Manufacturer Build & Price website, I would have paid a difference of about $2800.00 to order a new 2017.
For months I was told that they were going to make this right and order my new car, so I was not concerned as different aspects of our original deal changed as we tried to get a new car ordered. I even agreed to order a new 2018 at current MSRP because the dealership said that a 2017 could not be ordered. Although, the Manufacturer Build & Price website showed you could still order a new 2017 at any time from June through Sept.
Now after 6 months of delays my dealership has backed out of our agreement, because "corporate" had told them that it was a standard practice to randomly pull cars off line to track test and then clear the information prior to shipping the car. Corporate also said that they should inform their customer (me) that "There is nothing else that can be or should be done as this is not out of the ordinary". My dealership sent me copies of their communication with the factory confirming what they had been told. The communication also stated "it was tested by the manufacturer of the cluster and as we know should have been cleared at PDI" (Pre Destination Inspection?)
Setting aside the issue of selling these cars as new, the idea that there was nothing to disclose because it is a standard practice makes no sense. Standard practice would have meant the digital footprint of what had been done to my car would have been erased and therefore not visible for me to see. Obviously if I had not seen what was done to my car, all of this would be a moot point. The posted top speed is proof that the factory didn't remove the information thereby exposing what had been done to my new car for me to see and question. Just because the factory forgot to remove the evidence of what they had done shouldn't make it acceptable to not disclose the fact that it did happened. The only reason there would be nothing to disclose, as stated in the corporate communication, is because I would not have seen what had been done to my new car. I would have been deceived like all the other owners of randomly tested cars that were sold as new.
The facts tell us that the posted 173 MPH issue on my car should have been removed at PDI prior to shipping to the dealership. Whether my dealership should or could have checked for the exposed information is unknown. My dealership said they were not going to be compensated by corporate for any lose even though the issue was caused by the factory. As they explained to me, if they honored our original deal they would lose a lot of money because the wholesale value of my car is now so low. That shouldn't be my concern, besides when this started my car was only a few months old with about 1000 miles on it. Kelly Blue Book showed the value at that time at about what I paid for it.
Until recently, I had been assured that all was good with our deal so I wasn't concerned with the value of my car dropping daily. If I would have known my dealership was not going to honor our deal I could have used other options for replacing my car. They have offered to give me wholesale trade-in value for it. That's almost $10,000 less than I paid six months ago. By the time I purchase a new replacement this will have cost me about $16,000 more than what I paid for my new 2016. All I have wanted was to have what I thought I had originally purchased, a new un-molested car.
In early 2017 I purchased a new 2016 vehicle. A few months later I was at my dealership learning about the computer screen features when the page that shows how fast your car has been driven came up. It revealed a posted Top Speed of 173 MPH. I informed my dealership that I felt this should have been disclosed and I wanted to return the my car. I didn't expect them to replace it with a 2017, so I offered to purchase a new 2017 at the current MSRP. They were immediately supportive and agreed to credit what I had paid for the 2016 toward the new car. According to the Manufacturer Build & Price website, I would have paid a difference of about $2800.00 to order a new 2017.
For months I was told that they were going to make this right and order my new car, so I was not concerned as different aspects of our original deal changed as we tried to get a new car ordered. I even agreed to order a new 2018 at current MSRP because the dealership said that a 2017 could not be ordered. Although, the Manufacturer Build & Price website showed you could still order a new 2017 at any time from June through Sept.
Now after 6 months of delays my dealership has backed out of our agreement, because "corporate" had told them that it was a standard practice to randomly pull cars off line to track test and then clear the information prior to shipping the car. Corporate also said that they should inform their customer (me) that "There is nothing else that can be or should be done as this is not out of the ordinary". My dealership sent me copies of their communication with the factory confirming what they had been told. The communication also stated "it was tested by the manufacturer of the cluster and as we know should have been cleared at PDI" (Pre Destination Inspection?)
Setting aside the issue of selling these cars as new, the idea that there was nothing to disclose because it is a standard practice makes no sense. Standard practice would have meant the digital footprint of what had been done to my car would have been erased and therefore not visible for me to see. Obviously if I had not seen what was done to my car, all of this would be a moot point. The posted top speed is proof that the factory didn't remove the information thereby exposing what had been done to my new car for me to see and question. Just because the factory forgot to remove the evidence of what they had done shouldn't make it acceptable to not disclose the fact that it did happened. The only reason there would be nothing to disclose, as stated in the corporate communication, is because I would not have seen what had been done to my new car. I would have been deceived like all the other owners of randomly tested cars that were sold as new.
The facts tell us that the posted 173 MPH issue on my car should have been removed at PDI prior to shipping to the dealership. Whether my dealership should or could have checked for the exposed information is unknown. My dealership said they were not going to be compensated by corporate for any lose even though the issue was caused by the factory. As they explained to me, if they honored our original deal they would lose a lot of money because the wholesale value of my car is now so low. That shouldn't be my concern, besides when this started my car was only a few months old with about 1000 miles on it. Kelly Blue Book showed the value at that time at about what I paid for it.
Until recently, I had been assured that all was good with our deal so I wasn't concerned with the value of my car dropping daily. If I would have known my dealership was not going to honor our deal I could have used other options for replacing my car. They have offered to give me wholesale trade-in value for it. That's almost $10,000 less than I paid six months ago. By the time I purchase a new replacement this will have cost me about $16,000 more than what I paid for my new 2016. All I have wanted was to have what I thought I had originally purchased, a new un-molested car.
Can I Return a New Car for Undisclosed Information
Aucun commentaire:
Enregistrer un commentaire