Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to hear that you were mislead in this matter. You are correct that this was a fraudulent misrepresentation.
Your remedies here are (1) to void the contract - force them to take back their truck, return yours, and void any sales; or (2) sue them for damages, whatever money damages you lost on the sale, plus punitive damages for their wrongdoing (fraud is an intentional tort and you can receive punitive damages for it).
As you are having trouble dealing resolving this matter to your satisfaction (your resolution appears practical) you may need a third party to help. I would suggest the Better Business Bureau as a mediator - they offer free or low cost mediation services to consumers who have been wronged by a merchant, and they may be able to assist you in this matter. Going to trial is an option, but it is time consuming and costly (I am not trying to dissuade you, but I do want to warn you of its costs so that you can approach it with full knowledge of the risks).
I don't want my old truck back, that is why I traded it in. They are telling me now that the salesman did not have the authority to put in writing what he did. They are also saying that because they never signed their own document that it is not valid.
I understand - I just wanted to identify all of your rights and remedies under a contract with "fraud in the inducement"
Your contract rights to have the truck in the condition you bargained for ("the benefit of the bargain" contract rights) plus the damages for fraud may require you to file a lawsuit and go to trial. You do have these rights and you can threaten them in a "pre-litigation demand letter".
Gotcha thanks. So do I have to take my truck back. They told me today that I have tell the close of business to take it back. Could i just call my bank and at least reverse the charge for the additional money I paid to make up the difference. ( my truck and $2600 for their truck) Or is that just opening up a whole new problem for me?
You do not have to take your truck back.
The way it works is this: You may have to decide which option, or route you wish to take with regard to pursuing a remedy.
OK thank you
Do you wish to (1) reverse the transaction - not take out a loan on a new truck, reverse any payments you have made, take your truck back, and return the old truck (this would be the easiest and "cleanest" way to get away from these people); (2) keep the new truck, but file (or threaten to file at this point) a lawsuit against them for fraud and breach of contract) and pursue remedies we discussed above - either benefit of the bargain, cost of the transaction, punitive damages, or all of the above.
There is no loan on the truck. I do not want the old truck back. I would like this truck but want it as they said it was, this truck has things that I need and that is why I bought the truck and based on it having injectors that where only 1800 miles at the most old so I guess 2 is my option than. Also I have time and money into this truck also due to the fact I thought I was dealing with a reputable dealer and they would do as the said.
(remember, I do understand you do not wish to reverse the deal, and I am not advocating for any one resolution over the other. Also, you can report this kind of unfair business conduct to the Attorney General Consumer Protection division (each state has a website for complaints - here is the link for Colorado: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/file_consumer_complaint) it may not get you the full satisfaction of the contract, but it will give the dealer some penalty for their conduct).
You may be able to get a partial satisfaction through mediation - again the BBB offers mediation services for consumers, and you may be able to negotiate through a private mediator. This conduct is clearly fraud - they told you something that was false, the issue was material to your deal, and they are now trying to cover the deal with an unfair resolution.
I understand it may be a "half measure" (I cannot give you specific legal strategy or advice) but in general litigation it may be worth taking into account the cost, time, and inherent risk of litigation, when looking at a potential mediated result.
OK. Thank you sir for your time. I am in the process of filing with the state attorney general and have also filed with the BBB
I do wish you the very best of luck - I am sorry that you got tied up with such an unfortunate situation.
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