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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32535
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I purchased a 2010 BMW X5 June 6th from a major dealership

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I purchased a 2010 BMW X5 June 6th from a major dealership in Corpus Christi, Tx. They had a similar vehicle on the lot but it did not have 3rd row seating which was a non-negotiable option for me because I need the room. I have 2 kids and one on the way. The sales person said the could have one transported in for me and emailed me a picture of the vehicle. He assured me several times that the vehicle had a 3rd row and pressured me me to come in and complete my paperwork and even had me pay for auto transport. I did not feel comfortable buying a car without seeing or test driving it. But he assured me this was normal and said the manager wouldn't bring it in unless he knew I was a serious buyer. So I put $10k down, completed financing & insurance. They told me the car would be in in 5 days. It took 2 weeks. They delivered the vehicle to my home June 19th and there was no 3rd row! I took it back to the dealership 1st thing in the morning and spoke to the manager. He assured me that they would find a comparable vehicle with a 3rd row and give me a trade and that I would not lose any value. Today is June 30th and the SUV is still sitting on their lot. I refuse to drive it because I don't want anything to happen to it n my possession nor to I want the mileage to go up and it lose value. I am paying insurance and my 1st car note will be due 7/21. They keep telling me they cannot find one with a 3rd row, however I see them all the time shopping online. At this point I would like to cancel this deal and buy the car from somewhere else. Again I have found several comparable in price & miles with a 3rd row at other dealers. I feel like I am no longer a priority. They've made their commission off of me and are not really trying to help. They do not call to let me know that are working on it but they called everyday to sell me the car! I am not going to settle for a vehicle that cannot meet my needs and fit my family comfortably especially when I was assured otherwise. What legal action can I take to cancel this deal and get my down payment back?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Have you spoken to a local attorney yet?

Customer: No this is my 1st attempt to reach out for legal assistance
Customer: Is anyone there? I haven't spoken with a local attorney yet. This is my 1st attempt to seek legal advice
JD 1992 :

Sorry, I got knocked offline

JD 1992 :

I think you have a viable case to do what is known as "sue for rescission of the contract".

JD 1992 :

What that means is each of you go back to the starting point.

JD 1992 :

In this case, they breached the contract by failing to deliver what you have requested.

Customer: Ok Thanks. So should I retain a local attorney immediately or just draw up a letter that I would like to get out of my finance agreement and threaten to sue for recession of the contract if they aren't willing to cooperate? Then get a lawyer?
JD 1992 :

You would be much better off if you hire a lawyer and let them handle all of it. It's been my experience that if someone tries to handle it themselves first and doesn't get it resolved, then the dealers set their feet in stone and you have to file a lawsuit whereas if an attorney handles it from the beginning they can sometimes get results short of a lawsuit.

JD 1992 :

I am all in favor of people handling matters themselves, but this is one of those occasions where it isn't likely to work and the dealership gets threatened with lawyers all the time so they don't take people seriously until a lawyer is involved.

Customer: Gotcha! Thank you very much for your advice. In my search for a local lawyer here in Corpus, should I look under consumer law?
JD 1992 :

Yes, you can look in the phone book or at Look for one who does civil trial law or consumer law. Both of those have the skill set you need.

Customer: Got it. Thanks again!
JD 1992 :

Anything else I can assist with?

Customer: That's it.
JD 1992 :

Great. If you remember come back and let me know how everything turns out. Also, please don't forget to leave a Positive Rating (of course I'd suggest excellent) so I get credit for my work. That will also lock the question open and keep it from timing out in case you need to come back to it later.

Customer: No problem! 😊
JD 1992 :

Best wishes to you! I'm going to exit now to assist others.

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