Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
Can I please get what state this pertains to?
A few minutes please.
Since the dealer represented that there were no conditions, this would be a misrepresentation. Each state handles this differently -some offer more protections than others. In any state, you can bring a cause of action for misrepresentation; since the contract expressly states that your car would qualify, you could also bring a cause of action for breach of contract. I'm checking into the Unfair and Deceptive Business Practices Act.
Got it! http://statutes.laws.com/missouri/t26/c407/407_020 It is a rather comprehensive statute. It may be worthwhile to formulate a demand letter, setting forth the circumstances of the sale, the contract (highlighting the offending parts), a copy of the statute, and your proposed offer of how to resolve this.
Generally you give them a certain time to respond, and if they fail to respond, you would at that point need to file suit. However, it is possible, in this situation, that the manager really didn't know of the requirements (there are many different promotions and not all dealers stay abreast of them all - however, this does not excuse him) and will be willing to renounce the contract in light of this. Generally they deduct a reasonably amount for wear and tear (a certain amount i.e. 30 cents per mile).
Perfect - glad to here. I just came across this-it's put out by the state bar. Please note at page 4 they discuss punitive damages. http://www.mobar.org/uploadedFiles/Home/Publications/Journal/2013/07-08/mmpa.pdf
This should give you added ammo so to speak.
You will be able to link from it from your email. You can also copy and paste the URL for later reference.
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