Legal Question in Business Law in California

new purchase automobile

We purchased and honda echo 2000 in november of 1999. We also were to have cruise control installed as per a due bill agreement. Now the dealer tells us that the manufacturer does not make one for this new model. We need to have cruise control and we purchased the vehicle with the promise. Now their saying they can't do it. The dealer offered us our money back. But this doesn't do us any good, because we would have never purchased this model if we knew we could not get cruise. What can we do?


Asked on 1/14/00, 1:50 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: new purchase automobile

Unless you have been injured in some non-trivial manner which the dealer should have anticipated, then I think you should return the car and take your money back. If cruise control isn't an option on this car then it just isn't available and the dealer can't change that fact. You can try to negotiate a lower price to let you keep the car but, if it is really that important to you to have cruise control, then there isn't much point in doing this.

If you sued and won, chances are the only damages you would be able to prove would be the money you spent on the car (for which you would have to return the car), but the dealer is already willing to give this back anyway. Further, if you were to continue to use the car while the dispute dragged on, the dealer would probably get an offset for the usage. After you pay your lawyer and absorb the costs, you will be much worse off. Taking the refund now is a better deal, based on what I know of the situation.

It seems your only available option (no pun intended) is to shop for another car that has cruise control.

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Answered on 1/19/00, 3:59 pm


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