Legal Question in Consumer Law in Georgia

I bought a car almost 5 months ago. The car was sold to me as having 3rd row seating. The next day I found out that was not true. I called and was told I would need to speak with finance. After 3 weeks of back and forth, I dropped the subject because i was getting nowhere with the dealership. So fast forward to 7weeks ago and I call the car chain and got a response from the dealer. He did not believe that the car did not have a 3rd row because the vin# says it does. To make a long story short the dealer will not return may calls and say that my credit is not good enough to get into another car. Can I sue the dealership to get the car that I originally supposed to have gotten?


Asked on 7/19/10, 6:27 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Does your written sales contract spell out specificially that your car has 3rd row seating? If it does, then you arguably have a case to return the car, although you have weakened the case by (1) waiting this long and (2) by the fact that most judges would expect any adult to LOOK at the car and see what it has. Assuming you are not blind, that second point probably dooms a case even if the contract says there is 3rd row seating.

If the contract does NOT specify third row seating, then you obviously have no grounds to complain and the dealer is legally correct in ignoring your calls.

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Answered on 7/19/10, 9:52 pm

Something sounds fishy here - either the car does or does not have a third row of seats. If cars of this make and model were supposed to have them, then why does yours not have one? It tells me that either someone erred and got the VIN number wrong OR that the VIN number was altered.

I would order a CarFax report and have the car independently checked out by a mechanic and ask another dealer about the third row seats. Depending on what you find out, there may be a remedy if the dealer tampered with the VIN or screwed up the VIN number. If not, then you might have waited too long and the dealer is not going to let you trade for another vehicle. You could try to trade in the car at a different dealership.

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Answered on 7/19/10, 10:05 pm


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