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Gregory Boop
Gregory Boop, Lawyer (JD)
Category: Legal
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Experience:  A trial attorney with a decade of experience representing people and small businesses.
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Can you legally return a new vehicle within 30 days of purchase

Resolved Question:

I purchased a pontiac g8 from my local dealership in fishers indiana with no complaints until I noticed some of the features were missing. list which features are standard for my vehicle but when I questioned the manager of the dealership about it I was told that it doesn't matter what the site says because it and the dealership are independant of one another. I then called General Motors and was told by one of their service reps that I was correct and my vehicle was missing standard equipment and they would take care of it for me. This rep called the dealership and spoke with the same manager I did and was told the same thing that if I paid for it they would be happy to install it. At first I wanted Pontiac to honor what their website states but now after nearly a month of the headaches i just want to return the vehicle to them is that possible.
Submitted: 7 years ago.
Category: Legal
Expert:  Gregory Boop replied 7 years ago.

No, you cannot return the vehicle.

But, I would suggest you can find a local consumer law attorney who will gladly take this matter. What you are describing is a deceptive act under Indiana law:

IC 24-5-0.5-3 Version b Acts constituting deceptive practices:

Sec. 3. (a) The following acts or representations as to the subject matter of a consumer transaction, made orally, in writing, or by electronic communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship, approval, performance, characteristics, accessories, uses, or benefits it does not have which the supplier knows or should reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not and if the supplier knows or should reasonably know that it is not.

Two things to note, your state includes electronic transmissions - the web site. Also, you were promised something had a particular quality, standard, etcetera - it did not. That is deceptive and you may recover significant damages if you bring a successful case:

IC 24-5-0.5-4 Version b Actions and proceedings; damages; injunction; civil penalties; offer to cure

Sec. 4. (a) A person relying upon an uncured or incurable deceptive act may bring an action for the damages actually suffered as a consumer as a result of the deceptive act or five hundred dollars ($500), whichever is greater. The court may increase damages for a willful deceptive act in an amount that does not exceed the greater of:

(1) three (3) times the actual damages of the consumer suffering the loss; or

(2) one thousand dollars ($1,000).

AND, attorney fees, that means most lawyers in this work will take the matter on contingency or a pay if recover basis.

Also, if you have the original sticker, save it. There may be other penalties for the auto not including dealer-installed parts.

The dealer is playing with you. Their contract with Pontiac is their lifeblood and some very good written letters from an attorney to Pontiac asking to be serviced by another dealer and mentioning a possible consumer suit - will get immediate action.

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