Hi Philosophe ~
As a Tucsonan myself, I know this happens occasionally, leaving a
dealership with egg on its face. I bet this experience has indelibly
etched everything you've ever heard about 'sleazy' used car salesmen
on your brain. And I can identify with your desire to get things
straightened out.
Please make a note of Google's disclaimer at the bottom of the page,
"Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
I am not licensed to practice law in the State of Arizona - and this
shouldn't be taken as legal advice.
==========================
Rolling Back The Odometer
==========================
The Arizona legislature has the current version of Arizona Revised
Statutes (ARS) online here:
- http://www.azleg.state.az.us/ars/ars.htm
... and using the search function, I entered the single term
"odometer" (without the quotation marks) and the results are here:
- http://www.azleg.state.az.us/search/ars.idq?UserRestriction=odometer&CiScope=%2Fars&TemplateName=ars&CiSort=rank%5Bd%5D&HTMLQueryForm=%2Fars%2Fars.htm
While we all know it's illegal to tamper with the odometer, it appears
that the 'crime' is only a Class 1 misdemeanor, and there's also that
matter of "intent" [See: A.R.S. 44-1223(A)(4)]:
"A. It is unlawful for any person to:
4. Sell or offer to sell, with intent to defraud,
a motor vehicle on which the odometer does not
register the true mileage driven"
and
A.R.S. 44-1223(C):
"A person who violates the provisions of this
section shall be guilty of a class 1 misdemeanor."
- http://www.azleg.state.az.us/ars/44/01223.htm
In all fairness, it seem from what you say that the dealership is
trying to remedy a situation after it learned about it, so you
probably don't have any kind of criminal complaint.
After all, they did notify you after they found out - and my guess
(from the length of time, 17 days) is they found out when they were
attempting to transfer the title to your girlfriend pursuant to A.R.S.
28-2058:
- http://www.azleg.state.az.us/ars/28/02058.htm
Common sense would say if there was fraud, it was on the part of the
party from whom the dealership acquired the auto, and not on the part
of the dealership (but there are times when "law" and "common sense"
seem pretty far apart).
====================
Just the Facts, Sir
====================
Let's break the facts down into logical bits:
1. Your girlfriend bought an auto from a dealership for an agreed-upon
price.
2. As a condition of the purchase, the auto is represented as 'low
mileage' (39,000), and your girlfriend relied on that information in
order to agree to the price.
3. The dealership became aware that a fact is probably not true, and
that the auto had considerably more mileage - perhaps as much as
120,000, which would greatly depreciate the value of the auto.
4. The dealership wants to 'replace' the auto with another car. This
makes me believe they can't transfer title to you with an odometer
reading of 39,000, so they're in a bit of a bind, too.
======================
What Are Your Rights?
======================
No one will dispute that you are certainly entitled to the automobile
you "thought" you were buying. Inasmuch as you relied on the
representation that this was a low-mileage auto and you are now
informed it probably isn't, at the very least you are entitled to your
money back, provided you return the automobile. From your question,
this is definitely something the dealership is reluctant to do.
Further, the dealership is no doubt aware they are *not* in the best
position here. They cannot issue title to the auto with the mileage
they had listed on the sales contract or the mileage disclosure sheet.
And that particular substantial misrepresentation basically renders
the sales contract void.
This gives you some bargaining power, and you may want to consider
some other options before you demand a refund of all monies.
Here's what I would suggest:
============================
Arm Yourself With the Facts
============================
Assuming the dealership from which your girlfriend purchased the auto
is one of Tucson's more "well known" and "reliable" dealerships,
approach them with your bottom-line settlement.
Most of the better dealerships work on maintaining good customer
satisfaction and when they make these kind of mistakes are likely to
work hard to keep the customer happy, even if it costs them. Keep that
in mind. And no matter how you look at it, your girlfriend bought an
auto which isn't what it was represented to be.
With that in mind, find out what the true value of the auto is ...
======================
The "Blue Book Price"
======================
Go to Kelly Blue Book Online - http://www.kbb.com/ - and find out the
"blue book" retail price of the auto.
Under "Used Car Values for Shoppers", click on "Used Car Retail Value"
This should take you to a page entitled "Used Car Retail Pricing".
Click on "Sedan".
You'll get another list with Makes of cars, click on "Mazda".
Then Select the Model "Protege", and scroll down to the year.
Fill out the information about the auto your girlfriend purchased, and
do it twice. Once to get the retail value of the auto with only 39,000
miles, and once with 120,000 miles.
You'll notice there is a difference anywhere from $1300 to almost
$1900, which is considerably less than the purchase price.
If your girlfriend "really" loves that automobile, she could
conceivably demand a refund for the difference and keep the car. Of
course, if she's buying a car with that kind of mileage, she might
also wish to demand a service contract for three years or something
(for free from the dealership).
=========
Trade Up
=========
If they want to replace the auto, demand the replacement be a newer
auto or an auto with more features for the same price. Don't agree to
that auto, though, until you can check its retail price, even if this
means stopping at a nearby library branch to check the Kelly Blue
Book.
You have every right to be skeptical of any claim they make now, so
don't cave in to any kind of pressure tactics without once again
checking the facts, and make sure *every* representation is in
writing. It wouldn't hurt to take a pen and notepad and make notes of
every person you speak with and what they say.
This isn't the time for you to be unreasonable (like demanding a new
auto), so use common sense.
If necessary, refuse to deal with the salesperson. Insist on talking
with the sales manager or the dealership manager instead - if the
salesperson refuses, just use that pen and notepad and note his name,
the date and time, and the fact he wouldn't let you speak with his
manager or the dealership manager.
The fact that they made a mistake and have a problem should not make
it *your* problem.
=====================
Demand a Full Refund
=====================
As I said, you are entitled to a full refund. If you decide to ask for
a refund, present a list of all relevant expenses involved and ask for
those, too.
You certainly have an upper hand here, because the dealership
acknowledges they did not give you the auto they said you were getting
- the auto you are entitled to.
As a last resort you can sue them, but lawsuits take time and money.
Even if you win and are awarded court costs and attorney fees, it is
not unusual for you to have to advance fees until trial or settlement.
From what you stated above the dealership may (and certainly should)
be very willing to deal with you. It would benefit them to deal with
you in good faith to resolve the issue to your satisfaction.
Your rights are to get what you contracted for, which was *not* an
automobile the dealership now acknowledges has far more miles than
they represented. I suspect, though, that the dealership will
ultimately be reasonable in resolving the issue, depending on what you
feel is fair.
I hope this helps, and best of luck in your dealings tomorrow.
Serenata |
