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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112664
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I went to a new car dealership in the Eastgate area of Cin.

Customer Question

I went to a new car dealership in the Eastgate area of Cin. OH. The company was advertising a $3000. MINIMUM offer on trade-in's that ran-or could be started. When I spoke with the manager abut the car that I wanted to trade in, I was told that they could not USE my vehicle because nobody would want it. I also believed that I was getting a ONE TON van which I later found out is ONLY a THREE QUARTER van. I also believe that I was cheated financially additionally as well.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they advertised $3000 minimum trade in on any vehicle regardless of condition if it could run or be started, then them denying you the trade in if your vehicle fit that criteria, that would be false advertising and an unfair and deceptive business practice. You need to start by writing a letter to the dealer demanding the trade in and attach a copy of the advertisement. Inform them that their refusal to comply with your demand will be basis for you filing an unfair and deceptive business practice claim with the Attorney General's Consumer Protection Unit and also with the BMV Dealer Licensing Unit for investigation. If the BMV and AG cannot resolve this matter then this is basis for suing the dealer for up to triple damages for unfair and deceptive practices, plus attorney's fees, so you would use a local consumer protection attorney to pursue that claim.
As far as them selling you a non conforming vehicle, if you paid for a one ton truck and believed based on their representation that you were getting a one ton truck, you have grounds to sue for breach of contract to rescind the sale and cancel the contract, since they sold you an item that was not agreed upon and this would be an additional cause of action in your suit for the unfair and deceptive practices claim.

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