Legal Question in Consumer Law in North Carolina

Bought a vehicle in NC based on dealer ads posted on many auto sites. The ad posted the vehicle Vehicle Identification number and the superior model. However, the vehicle turned out to be a basic model. Noticed this within 24 hours. Called dealer. He said that it was sold /"as is"/ even though the copies of the ads we still have indicate the superior model. We paid a higher price based on the superior model for it's superior features.

Is there any specific law and web page that I can quote / point him to indicate to him that /"AS IS"/ does NOT cover gross misrepresentation in ads.

Your help would be highly appreciated.


Asked on 10/12/12, 12:14 pm

1 Answer from Attorneys
Kenneth Love Ken Love Law

Unfortunately, this sounds like a bait and switch and has become more and more common in the used car selling market. It is also a difficult but not impossible claim to litigate. There is no specific law to quote. There is one that you may be able to use, which is called Unfair Trade Practices or Unfair and Deceptive Acts and Practices...NCGS 75-1.1 et. seq.

The key will be, that you will have to prove that they did engage in a bait and switch. You purchase agreement will be very important here. You will argue that you didn't want the base Altima, you wanted the 3.5 SE Altima as shown in the ad. They will argue that you may have came for that, they no longer had it and gave you the base model. If the base model is listed in the contract, you will have a difficult road. If the 3.5 SE is listed and you got the base model, you will have a stronger claim.

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Answered on 12/06/12, 11:20 am


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