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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34823
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Leased a 2016 Toyota Tundra from a dealership. One or the

Customer Question

Leased a 2016 Toyota Tundra from a dealership. One or the most important requirements when I was in the process of selecting a vehicle is that it must have a navigation system, since my job requires me to drive to different sites in and out of states.
They selected a vehicle for me from their lot. I agreed to lease the vehicle for 36 months. It is what I wanted, but the problem is that they did not informed me that the navigation does not show a gps map on the screen/monitor in the car, instead it only shows a turn-by-turn instructions.
I complained over the phone and in person, and they informed me that the new 2016 Toyota Tundra models only provides that kind of system, but I found out that they had lied, that the new models do have the navigation with the gps map.
Any advice would be greatly appreciated. Thank you.
Ollie
Randolph, MA
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you have a chance to test drive the vehicle prior to entering into the lease?

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How long ago did you sign the lease?

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thanks

Barrister

Customer: replied 1 year ago.
I did test drive the vehicle but since it just came off the delivery truck the salesman told me that I have to download the apps in order for the navigation to work.I signed the lease on the 23rd of December 2015.
Expert:  Barrister replied 1 year ago.

Ok, the problem I see here is that if you had an opportunity to inspect the vehicle and did so and still took delivery of it despite the fact that it didn't have the promised system listed on the invoice, then they can say that you accepted it with the options it had.

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With that said, if they told you that it did have the requested nav system, it just needed downloads, then I think you could file a lawsuit against them for breach of contract based on fraud and misrepresentation because they misled you into believing that it had the correct system and then lied when you asked about it and told you that it needed additional software to function which turned out to be incorrect.

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When faced with the possibility of being dragged into court, having to hire an attorney to defend, and then losing (since everyone hates car dealers anyway), my bet is that they will agree to settle with you and either put in the requested nav system or switch you to a new vehicle..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister