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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11646
Experience:  JD, MBA
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In PCB,FL My problem is the following: I bought a Subaru

Customer Question

Hi ,my name is***** in PCB,FL
My problem is the following: I bought a Subaru Forester Limited i2016 PEZV I actually wanted the Limited i which they did not have when I made the purchase, but was told it was both the same car.So I went to the service deptmnt to hear the difference and was told the EZPV has a converter catalytic. Now two months almost later I found out the Limited has the Eye assist,reporting cars near you left and right and front and back, which is more essential for a 78yr old than a catalytic converter. So I am upset and feel a bit deceived.I send them an E mail today that I need to swap the car.No reply yet.
So how do I go about best way. ?Is that possible at all?
Thank you for an opinion
Peter Graeter
Submitted: 4 months ago.
Category: Legal
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If you have a written contract which states that your car is the exact same as the Limited, except for the catalytic converter, then you may have a case (though even then it may be weak). Without a written contract stating that the car is the same as the limited except for the catalytic converter, then I'm afraid that you have no recourse. The main issue is simply that you had the chance to inspect and review the car that you actually bought. Accordingly, you could have determined whether it was acceptable or not, and whether it had Eye assist or not. I don't think a court would care what the Limited has, and instead, would care about whether you got the car that you contracted to get. The later discovery of additional options on the Limited is irrelevant. What would be relevant would be if your contract states that your car has the Eye assist. If your contract states that, then you have recourse because you didn't get what you contracted for. But if you got what you contracted for, then the fact that you were told of only a minor difference between the Limited and your car is not relevant. After all, you could certainly have investigated the difference on your own, and then demanded the Limited.

I am truly sorry that my answer may be bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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