Legal Question in Consumer Law in Missouri

what are my rights

I bought a new car ($30,000) from a local dealer in March, 2007. Three months later, the drivers side rear view mirror fell off due to someone bumping the car. I took the car to the dealer and they told me it would cost $498 to get a new mirror, paint it and install it. I said that I guess I needed to go ahead and get the mirror replaced. I asked if I needed to pay for the mirror at the time it was ordered and the parts manager said 'no' that I would just pay when it was installed. In the meantime, a friend found the same new mirror online for $70, had it painted and installed it for free. When the dealer called that the mirror had arrived and to schedule an appointment to get it installed, I told them I did not need the mirror anymore. The parts manager insists the mirror is mine and has sent me a bill for the cost of the mirror. Am I responsible for that and what should I do at this point? I signed nothing at time of order and was given no receipt except for the one they mailed to me yesterday. What do I do?


Asked on 8/15/07, 1:51 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: what are my rights

I would send them a polite letter telling them that you had a safety issue with the damaged mirror and were advised to get it fixed as soon as possible. This led you to order the mirror elsewhere since this facility did not have one in stock. Tell them you'll pay a reasonable restocking fee ($50 or so) but nothing more.

I doubt they can establish an oral contract here, and for $500, I doubt they will try.

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Answered on 8/15/07, 2:48 pm


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