Purchase

[Anthony21]

Jurisdiction

Illinois

My wife and I purchased a vehicle from a dealership in Cicero, Illinois. We both believed that we were purchasing a 2006 6 cylinder chevy trailblazer. We found out later that it was an 8 cylinder not what the purchase agreement says. Being that neither I nor my wife no a thing about cars, we believed this until a mechanic told us no that the vehicle was a 8 cylinder car. Do we have a case against them?

 

[adjusterjack]

Sorry, but all you had to do is google the VIN before buying and it would have given you all the specs about the vehicle including the size of the engine.

And since you know nothing about cars you should have had it checked by a mechanic before buying it.

Now go to Kelley Blue Book and compare the market value of the 6 cyl car to the 8 cyl car.

Kelley Blue Book - New and Used Car Price Values, Expert Car Reviews

If you got a V-8 for the price of an in-line 6 you're ahead of the game.

 

[zddoodah]

Do we have a case against them?

A case for what? In other words, what goal do you want to achieve?

How long ago did you make the purchase?

You wrote that you "believed" you were purchasing a 6-cylinder vehicle. What was the basis of that belief?

I'll wait for answers to those questions before providing my thoughts.

 

[army judge]

Sorry, but all you had to do is google the VIN before buying and it would have given you all the specs about the vehicle including the size of the engine.

And since you know nothing about cars you should have had it checked by a mechanic before buying it.

Now go to Kelley Blue Book and compare the market value of the 6 cyl car to the 8 cyl car.

Kelley Blue Book - New and Used Car Price Values, Expert Car Reviews

If you got a V-8 for the price of an in-line 6 you're ahead of the game.

Not much more need be said......

 

[Anthony21]

A case for what? In other words, what goal do you want to achieve?

How long ago did you make the purchase?

You wrote that you "believed" you were purchasing a 6-cylinder vehicle. What was the basis of that belief?

I'll wait for answers to those questions before providing my thoughts.

We made the purchase in 2014 and according to the contract it says that it is a 6 cylinder. So I am going by the purchase agreement.

 

[adjusterjack]

We made the purchase in 2014

Exactly when did you discover the discrepancy? Give me a date, or as close to it as possible.

 

[zddoodah]

We made the purchase in 2014 and according to the contract it says that it is a 6 cylinder. So I am going by the purchase agreement.

You didn't answer my question about what you're trying to achieve.

Arguably, you might have a valid claim for fraud/misrepresentation. In order to succeed, you would have to prove the following:

1. A false statement regarding an issue of material fact.
2. Actual or constructive knowledge that the statement was fault (i.e., the person making the statement knew or should have known it was false.
3. The defendant's intent that the plaintiff rely on the statement.
4. Justifiable reliance by the plaintiff.
5. Damages.

You apparently would have no problem proving the first two elements (except as noted below). I haven't read any Illinois case authority, but I assume the third element would be presumed.

The third element is where you start to run into problems. I do not agree that you had any obligation to investigate the status of the vehicle independently (by googling the VIN or otherwise). However, I find your statement that you "are going by the purchase agreement" a bit perplexing. If there was no representation regarding 6-cyl vs. 8-cyl until you got to the point that someone put a contract under your nose, then this probably wasn't an important issue for you. If you really cared about this distinction, one would expect that you would have noted the number of cylinders on the window sticker and/or asked the sales person. If I were representing the dealer, I would argue that, if you are relying solely on the contract, then you didn't really care, so this wasn't a material issue for you.

You also would have a potential problem with damages. As one of the prior responses mentioned, where a vehicle comes in both 6 and 8-cyl models, the 8-cyl version is typically more expensive. Therefore, you may have gotten an 8-cyl vehicle for a 6-cyl price, which would mean you suffered no detriment. On the other hand, 8-cyl vehicles typically get worse gas mileage and are more expensive to maintain, so this could offset that.

The other problem you have is the statute of limitations. According to a quick google search, the SOL for fraud in Illinois is two years, which likely starts when you did or should have discovered the fraud. Arguably, this should have happened no later than when you took the vehicle for its first oil change, which presumably was more than two years ago.

 

[mightymoose]

I agree that even if there was some basis for a claim your window to do anything about it closed long ago.
Since you received a higher value vehicle I'm not sure what damages you intend to claim.