Legal Question in Consumer Law in Georgia

I purchased a new car from a dealership yesterday. The MAIN option I asked for was that it had Antilock Brakes. The salesman...along with others employed, stated the vehicle did indeed, have this option. I asked this question several times, and was VERY verbal about this stipulation! When reviewing the sticker last night, I noticed that the vehicle DID NOT have ABS! I called the salesman this morning, and he stated that he was unaware that the vehicle did not have ABS! They have offered me another vehicle with ABS for a higher price. Is this fair, when I have already signed paperwork for a vehicle that was told HAD ABS? Is there any way they can give me this option without additonal charge?


Asked on 6/08/10, 8:33 am

1 Answer from Attorneys

First, you should not be relying on a car dealer for information about the vehicle. You ought to be checking vehicles out online and should know what features come with car or not.

That said, the conduct does seem to violate Georgia's Deceptive Trade Practices Act. The problem that you will have is that conversations with the dealer "don't happen." Unless you have witnesses to that effect, its your word against his. And you signed the contract, which is what will govern here. Even if everyone believes you, the contract is still there and you can't introduce evidence of what he told you since everything will be governed by the contract.

It never hurts to ask - ask the dealer and sales office what they can do to make this right since it is their fault. If they will not budge, give them their car back and go somewhere else. Make it clear that you want all your money refunded in lieu of you not suing for the deceptive trade practices. You don't really want to do business them if this is how they act anyway.

If you do go car hunting again, check out the make and model in which you are interested and learn about the features. Go to www.carsdirect.com and see what the price is there. Are you a member of BJ's, Sam's, AAA or a credit union? Often these clubs negotiate special prices for their members so ask. Also, arrange for your financing in advance so you will not be hostage to the dealer. If the dealer claims to have a better deal, ask for the terms.

Know your credit score - you do not want any surprises at the table because of something on your credit.

Following these simple steps will eliminate the circumstances you experienced later.

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Answered on 6/08/10, 2:54 pm


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