Bought a car - defrauded

[tmm1447]

Alright, I'm not sure if this is the right subsection, so please don't hate me if it's not, but I've got a bit of an interesting situation.

So here's what happened. I bought a car recently, a 1991 camaro, from a dealership. The car was advertised as having a 350 CI, 5.7 litre engine. There are badges on the car that say '5.7 liter Tuned Port Injection' (type of fuel injection)

Car is in outstanding shape, so to get some background information, I check the RPO codes (manufacturer options) and, funnily enough, it has the RPO code for the 5.0 liter, 305 engine. That's weird, so I check the VIN, also says 5.0 305. I was shown a clean carfax, so I never ran the VIN.

I figure, hey, maybe the engine was replaced, so I check the casting numbers on the block, and sure enough it says 5.0 L, which as I'm sure you can guess, means it's a 5.0 liter 305.

I'm a huge gearhead, I work on a lot of cars, it's one of my passions, and I bought this car under the impression that it was a 350, which is one of the most well respected platforms to make power with, whereas the 305 is a bit of a dog.

My question is, does this constitute fraud? Having the car advertised as a 350 and badged as a 350, but in reality it's a 305? If it does, what can I do about it? Or am I SOL because I didn't check the VIN myself?

 

[FlaRiptide]

Was there intent to defraud? Have you spoken to the dealership about your finding? Perhaps they will work with you to set the score right. Better chance with a Dealer versus a private sale!

 

[tmm1447]

Was there intent to defraud? Have you spoken to the dealership about your finding? Perhaps they will work with you to set the score right. Better chance with a Dealer versus a private sale!

I talked to them. They told me that yes, they do have records saying the car is a 5.0 liter engine, so there is no confusion/clerical error possible, and still sold it to me as a 5.7

Called them back today and asked how they wanted to make this right. They told me they don't want to.

I suppose now I'm going to small claims court.

 

[FlaRiptide]

Just remember that in small claims court you are suing for a monetary amount of money. You would need to determine how you have been damaged and place an amount on this.

There are fees to pay to file and unless they agree to mediation, even if you win there are additional fees to pay in order to collect. Collection is your responsibility and may not be easy or worth your while.

I'd personally try the approach of sending a demand letter to the dealership. Explain the circumstances. Mention that you tried to work this out yet they refused. Say that this letter was a last attempt to amicably resolve this situation. Use "Customer Service" as your weapon. If they are reputable, they may succumb. If they are not reputable, then it will probably be your best interest to take your bruises and be done with it.

It's been my experience that the unreputable individuals and/or companies know how to avoid judgments. They know all the loopholes. Trying to outwit them just for a few hundred dollars is not worth the money or time.

If you are talking about several thousand, then you may want to persue it. Good luck.

 

[tmm1447]

Well, finally got everything straightened out. I contacted my state attorney general's office who sent them a rather nasty letter and sent someone out to investigate.

Back in highschool I used to cut the grass for a lot of my neighbors, one of whom did the whole 'report on local businesses abusing customers' segment for one of the local news channels. I also tutored one of his younger kids, so I'm relatively good friends with him. He went out there with the news van, said he was doing a segment on them defrauding customers.

They called the next day, and I got a check in the mail for nearly $3,000. Considering I only paid $4,000 for the car, I was rather pleased.

Needless to say, I will never be going back to that dealership.

 

[jharris352]

Way to go. I was shocked when I read that they had the nerve to say they didn't want to do anything about it. Good work.