Legal Question in Consumer Law in Georgia

Car dealership misrepresented vehicle specifications

In March of 2003 I bought a 2000 Saturn from CarMax, a national used car chain. CarMax advertised this vehicle as a Saturn LS-2 with a V6 engine. The sticker, bill of sale and the financing contract all state LS-2. Nine months after owning this vehicle a Saturn dealership informed that the car is actually a LS-1 4 cylinder. I actually paid the LS-2 V6 price! The price of the car was $12,599. The warranty was $1,599. With all appropriate taxes and fees the final price was approximately $15,000. I paid $5,000 down on the car and financed the rest through Bank of America. The financing paperwork also states LS-2. I took the car back to CarMax and they admitted that they misrepresented the vehicle specifications and it was not a ''paperwork error''. They apologized and offered to buy the LS-1 from me for $10,000. I would loose $5,000. Is this contract valid? Should I expect the dealer to put me in a LS-2? Should the bank know that they are not financing the vehicle they thought they were? How should I proceed?


Asked on 12/28/03, 8:42 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Car dealership misrepresented vehicle specifications

Your options need to be explored more fully than is possible in this type of forum. You should consult with an attorney. Establishing the facts, beyond your testimony as to what they told you, will be very important. You might be in a position to rescind the contract and/or have a case under the GA Fair Business Practices Act.

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Answered on 12/29/03, 10:22 am


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