In June we decided we wanted to purchase a new Chrysler Town and Country minivan with power doors, a DVD system, and black leather interior. We went to [The Dealership] to see which vans they had in stock. We found out they had the van we wanted except the interior was beige leather instead of black. We decide not to agree to the purchase, however the s sale person said they would be able to switch out the seats for black in their service department from another vehicle or from seats they got from the factory. We restated that this as a deal breaker for this and would only agree to the purchase if they could verify the seat change was possible. He verified this with his manager and we agreed to pay an additional $1,200 to have this done. It was made very clear before the purchase was final that we would not be purchasing that day otherwise, because we did not want beige leather seats. We finalized the paperwork and drove home with the van and a due bill for the seats. We were told we would be notified when the seats arrived from the factory.
After a month we had not heard anything from the service department or the sales rep. I called the sales rep and he said he had not heard anything either, but would check and get back to me. This phone-tag follow-up routine continued for two more months because they were still waiting for the shipment.
In September I visited the dealership to try to get some answers while the van was in for a repair at the service department. After some more follow-up with a new account manager we were informed that it was likely they could not fulfill the order because the aftermarket pattern for the seats could not be located anywhere due to third-row power seat option the van contained. But the service manager said they might have one more option. In October they said they would be able to switch all the seats out with a van they had on the lot, however when they took our vehicle for the service they discovered something was not matching up right with the parts.
At that point they said they would not be able to fulfill the order and offered us $1,700 compensation. We declined the offer saying it was our understanding as part of the purchase that the van would get black leather seats and we would not have purchased otherwise. We wanted a van with black leather seats and $1,700 would likely not cover the cost of conversion. We began looking for other installers to get estimates of the work needed to rectify the problem.
It is now January and we have not been able to find a solution other than replacing the whole seats. The upholstery shops we have checked with say they cannot find the pattern and we would have to deal with Chrysler to get new seats. In their experience replacing entire seats could run as much as $6,000 per seat putting this job at $30,000 if the seats could be found.
I went back to the dealer with this information in an attempt to negotiate a settlement. Now they are claiming all they are obligated to pay us is the $1,200 that was paid as part of the contract. Our rebuttal has not changed:
So, what should we do at this point? Do we have a case to sue for more compensation? Or is all we are going to get the initial $1,200.
After a month we had not heard anything from the service department or the sales rep. I called the sales rep and he said he had not heard anything either, but would check and get back to me. This phone-tag follow-up routine continued for two more months because they were still waiting for the shipment.
In September I visited the dealership to try to get some answers while the van was in for a repair at the service department. After some more follow-up with a new account manager we were informed that it was likely they could not fulfill the order because the aftermarket pattern for the seats could not be located anywhere due to third-row power seat option the van contained. But the service manager said they might have one more option. In October they said they would be able to switch all the seats out with a van they had on the lot, however when they took our vehicle for the service they discovered something was not matching up right with the parts.
At that point they said they would not be able to fulfill the order and offered us $1,700 compensation. We declined the offer saying it was our understanding as part of the purchase that the van would get black leather seats and we would not have purchased otherwise. We wanted a van with black leather seats and $1,700 would likely not cover the cost of conversion. We began looking for other installers to get estimates of the work needed to rectify the problem.
It is now January and we have not been able to find a solution other than replacing the whole seats. The upholstery shops we have checked with say they cannot find the pattern and we would have to deal with Chrysler to get new seats. In their experience replacing entire seats could run as much as $6,000 per seat putting this job at $30,000 if the seats could be found.
I went back to the dealer with this information in an attempt to negotiate a settlement. Now they are claiming all they are obligated to pay us is the $1,200 that was paid as part of the contract. Our rebuttal has not changed:
"We did not want a van with beige seats. We were lied to when they said they could replace the seats. They did not adequately research this option before making the deal with us. . It is not that parts ran out or supply is depleted. The seats were never even available and they told us they were. We would have never agreed to buy the van if we knew black seats were never an option. We are owed more than the actual cost in the contract."
So, what should we do at this point? Do we have a case to sue for more compensation? Or is all we are going to get the initial $1,200.
