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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31903
Experience:  16 years legal experience including consumer protection law.
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I puchase a new car in queens ny, the dealer chose to deliver

Customer Question

I puchase a new car in queens ny, the dealer chose to deliver the car without the rear camera when i ask why it does not have it he said i dindn't tell them i wanted it. I place the options to them on my computer and their computer, and also spoke to them directly.
The finance man called me and told me that the rear camera can be installed through the rear view mirror, then the salesmen call me and said that they can't do it because it will interfair with the nav system, which i believe is alie. I faxed and e-mail them and told them that if they don't comply with the three things i need that i would return their car to them for a full refund on the 3rd business day at 6pm. The wife e-mail me and said that they will comply with the two option but the will not comply withe the rear view mirror, and they will not except the return of my car. I took the car to the dealer at 7pm
knowing that they close at 8pm, the entire dealership was gone and the place was close, I went there the following day a 4pm and the manager again called the owners wife and told him not to except the return of my car. do I have the legfal right to return this car since the dealer decided not to honor my request on the second business day and told me by e-mail on the sencond business day that they will not except my request to return the vehicle
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Does the contract you entered into with the dealer indicate the vehicle is to have a rear camera installed on the vehicle? Why do you believe the dealer's assertion that the camera will interfere with the navigation system is a lie?

Customer: replied 1 year ago.


I know it a lie because they are the ones that first told me it could be done,


the order that i made and my specific request to them was that i wanted the camera. to answer your question they did not put the camera in one of the special order but i know that it should have been because i made the special request on their computer and mine.


I believe that N.Y state law on in general states that either party can end a contract, verbally or written within the 3 busines days period without any excuse from either party, and i made it clear to them if they did not comply with my options that i request that i will be returning the vehicle on the third business day and they made it clear to me that the will not honor my request to return the vehicle, so they said the will not end our contract.

Expert:  Tina replied 1 year ago.

Hello again and thank you for the additional information.

Unfortunately, there is no 3 day cooling off period for a purchase made at the dealer's regular place of business as both the state and federal law provides for a right to rescind only where purchases are made at somewhere other than the merchant's regular place of business typically. Here is a link that summarizes the law on this issue:

http://assembly.state.ny.us/comm/Consumer/20041123/

However, since there are writings prior to the sale indicating that a condition of the sale would involve a rear camera, that could be used to pursue damages against the dealer for not providing the equipment to the extent you must pay someone else to install a rear camera.

In addition, if they made misrepresentations of fact to you that were meant to induce you into making the purchase and you reasonably relied on those misrepresentations (that both pieces of equipment could be installed and would not interfere with each other), then that could provide grounds for pursuing damages for fraud normally.

While there is no right to rescind the contract absent a breach of the contract by the dealer typically, there may be grounds to pursue damages based on a claim of fraud.

Your options to resolve this matter include filing a complaint with the BBB. If the dealer wishes to protect its good reputation, they should work through that process to resolve the situation with you reasonably.

If not, then you could pursue a claim for damages in small claims court or retain a local consumer protection law attorney to represent you in pursuing legal action against them.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 1 year ago.


I need more time to check law before i rate you, I believe that any contract can be broken within three business days verbally or in writing. please check N.Y State law on new vehicle purchase, then e-mail me, I will check the link to the law you refered me to when i get some time, still have some more issues to do with dealer

Expert:  Tina replied 1 year ago.

Hello again,

The link I provided to the NY state assembly indicates bills have been introduced to include the purchase of new vehicles, but there is currently no law which provides a right to rescind with regard to new vehicles unfortunately as addressed in the article as follows:

The sale and leasing of automobiles, one of the most expensive purchases made by many New Yorkers, is not currently covered under the Cooling-Off Rule. To address this, I have sponsored two pieces of legislation (A.5151 and A.5411). The first bill, A.5151, would give consumers a three day cooling-off period to cancel contracts for automobiles sales and leases. The second bill, A.5411, would allow consumers a one day cooling-off period to cancel such contracts.

Here is another link to the state's website indicating the law does not apply to such purchases. I'm sorry, I wish I could tell you otherwise:

http://www.nysegov.com/citguide.cfm?ques_id=999&supercat=245&c..

Tina, Lawyer
Satisfied Customers: 31903
Experience: 16 years legal experience including consumer protection law.
Tina and other Consumer Protection Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.
Hello again,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you in 2013.
Tina
Customer: replied 1 year ago.

I wanted to ask you if the dealer did not sigh my copy of the contract butsigned his copy that he sent to the bank, is that a legal contract.

Expert:  Tina replied 1 year ago.
Hello again,

If one party drafts the contract and the other party signs it, courts will often find that an enforceable contract has been formed since the one party's drafting and the other party's signing the agreement evidences intent to enter into the contract by both parties.

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