Scammed by dealer -- help

pa_07_black_titan · 11-30-2007, 12:35 PM

Hey guys,
I recently bought what I thought was an 07 Titan SE, at least that's what the sticker said. However, when I got home, I started to realize that many of the options listed on the window sticker didn't actually come on my vehicle. Further, I then started looking around and realized that it wasn't even an SE, it was an XE.
I called the dealer and they basically said it was my responsiblity to know the difference and I bought it as is... Is there anything I can do? Needless to say I'm a little p*ssed off. This was in Ky...

**ArmyAviation** · 11-30-2007, 12:42 PM

does your truck have the molding on the doors? does it say se on the tailgate and do you have powered mirrors?

**ArmyAviation** · 11-30-2007, 12:46 PM

also did you buy used or new and how much for the truck

pa_07_black_titan · 11-30-2007, 01:02 PM

It is definitely an XE. Black grill, no side molding, no power mirrors. Of course, I didn't know that only an XE had these things, so I had no idea what I was buying. Also no power mirrors. I noticed that I couldn't find the switch for them even though the sticker listed them as an installed option, that's when I began to dig around and found the difference here.

I paid about $23000 for the truck used.

**ArmyAviation** · 11-30-2007, 01:04 PM

is it a 4x4? and how many miles are on it? You might need to get a lawyer for this one.

SirKeats · 11-30-2007, 01:16 PM

if they advertised it as an SE when it's an XE that sounds a bit like false advertisement to me.

although as someone who doesn't have much sympathy for folks to don't research a big-ticket product before they purchase (no offense), and while i'm no lawyer, i'm pretty sure the law doesn't require a consumer to know that an item advertised as product X isn't actually product X (which is what happened in your case). the company selling the product has an obligation to properly disclose the product for which they are selling. (for example, if i buy an "elite" model cloths washer that's supposed to have features that the standard model doesn't... i'm quite certain i don't have to actually know that the product the dealer is telling me is the "elite" model isn't actually the case.)

i don't know what you recourse is exactly, but i'd give your state's attorney general's office a call if i were you and see what they say.

if they really did advertise it as an SE when it was actually and XE, it would seem to me that they are definitely in the wrong and you should have some recourse. seems to me at the very least you should be entitled to the kbb difference between the XE and the SE.

pa_07_black_titan · 11-30-2007, 01:35 PM

it is a 4x4 and it has 31000 miles on it.

I also just filed a complaint with the better business bureau which will hopefully have some sort of effect. I think I'm more upset about the lack of options that it said that it actually had. For example, it listed the truck as having a 6 disc cd changer, when it actually only has a single disc cd player. I'm still not exactly sure what other options this truck does not have. Like keyless entry. The sticker said it has it, and the dealer even said that it did, but they did not have a key fob to give me which makes me wonder.

**vipzach** · 11-30-2007, 01:44 PM

Does your local news channel have a "comsumer help" type thing? Dealer probably wouldn't like being on tv as a lieing!!

How long have you had the truck? Something many dealers will do is to "over book" a vehicle to get a lender to buy the deal! That might even be an option for you, you could contact the lender and let the know the you did not get the truck that you thought you did!

Yahooligan · 11-30-2007, 01:52 PM

Something else to look at, is there a VIN on the window sticker that shows the options? Does that VIN match your truck?

Most people don't inspect every single option on a vehicle if the list says it has it, it doesn't even cross their mind since, in their head, "It's there".

You need to put together all the paperwork you have that says it's an SE as well as anything that says it's an XE and go talk to a lawyer. Note any differences between what they said it was and what it is, especially if they advertised it as a completely different vehicle with a different VIN.

It's entirely possible they put the wrong sticker on the truck and you did pay for price for an SE, in which case the dealer is liable for the mistake as the product was misrepresented. This is no different than someone advertising something on eBay as X and the product really being Y. Whether intentional or a mistake, it's misrepresentation and they need to correct the problem.

Good luck and keep us posted!

tex · 11-30-2007, 02:17 PM

sending PM now

pa_07_black_titan · 11-30-2007, 02:39 PM

Yep, the VIN numbers do match. So it wasn't a case of simply putting the wrong sticker on the truck. The finance guy even showed me the MSRP price of a titan SE to prove what a good deal I was getting...

Yahooligan · 11-30-2007, 02:51 PM

Quote:

Originally Posted by pa_07_black_titan

Yep, the VIN numbers do match. So it wasn't a case of simply putting the wrong sticker on the truck. The finance guy even showed me the MSRP price of a titan SE to prove what a good deal I was getting...

The VIN matching actually helps you, this is further proof that the dealer misrepresented the product. If they didn't match then they could easily say "Oops, we made a mistake and put the wrong sticker on the window" but for them to match shows there was no mistake. They should realize, based on that, they will lose if they go to court and be willing to make things right with you so it doesn't have to go that far.

Pure and simple, they advertised the truck as something it's not and charged a price that isn't reasonable for the product actually sold. Consumers should be able to trust the dealer is selling them what they say they are, to do otherwise and say the customer should've known better is deceptive and dirty.

Someone needs to make an example out of them if they don't correct the situation NOW.

EDIT: A somewhat similar situation happened with my mother-in-law, a few years ago she was looking for a used Dodge Ram cargo van for search & rescue dog carrying. She ended up finding one a couple of hours from home, was told it had a V8, etc. She got up there, didn't look under the hood, test drove it, bought it...then later realizes, on the drive home, that it's a V6 with a 3-speed auto (No OD) instead of a V8 with a 4-speed auto. She didn't really care all that much and kept it anyway. Buyer beware, unfortunately.

yamatitan · 11-30-2007, 02:55 PM

man that suxs i paid 2g more than that out the door for my 06 LE with 22000 miles on it 4x4, offroad package, nav, sunroof, 6 disc, etc.. I would defiantly think you have a case here. Get a good lawyer.

*UDMTITAN* · 11-30-2007, 04:10 PM

I feel bad for you guy, a new XE would be close to that price range with some dealers current rebates. If they continually represented that vehicle as an SE throughout the sale then you will have full legal recourse. If you have any evidence to show that the truck was purchased as an SE not an XE then even the wordings sold as is ect. will not offer the dealer any protection. This is also a criminal matter called fraud, if you would like to go that route and have the matter resolved more forcefully than by civil legal proceedings, it might be in your best interest to contact your local law enforcement agency. (some areas use police others sheriffs not sure about your area) I hope you get this resolved, someone should teach these scum that defrauding people is a very bad idea.

tt408 · 11-30-2007, 08:19 PM

If you live in PA you have three days to return. They have to take it back. I see you notified the BBB also call the Attorney Generals Office.