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Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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HI, I purchased a brand new Honda 3 days ago. Upon exam,

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I purchased a brand new Honda 3 days ago. Upon exam, they gave me a car that does not match the VIN number in the contract. Same model and trim, but different VIN. So the vehicle I contracted for is still sitting in the lot! I even got this car with wrong VIN insured. In the mean time, I have developed a buyers remorse because upon exam, the sales manager has misrepresented the extended warranty and cost of it. As a result, I have developed a sour taste in my mouth. Do I have a case to return the vehicle, and void the contract?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any idea whether the dealer intentionally delivered the wrong vehicle to you or whether it was an accident? What misrepresentations were made to you?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

I am not sure of their intent. When i purchased extended warranty, it was explained to me that the final cost was $2200.00. I should have read the contract more in detail, but I was so excited about the purchase that I neglected to do so. Upon reviewing the invoice after I was informed by the dealership that the wrong car was delivered, there was extra $3,000.00 worth of extra coverage(additional rust proofing, road side service, etc) which I was not aware of.

In addition, when the dealership called me last night to inform me of the situation, they sent the salesman to my house to deliver a new contract with the VIN number that matches the vehicle that i have in possession, but the price of the car listed is $3,000.00 higher than the price that was on the old contract! I'm not sure if this is a scheme of some sort, but I just want to return the vehicle. Please help.



Hello again, Steven, and thank you for the additional information.

At this point, they have failed to deliver you the vehicle you originally intended to purchase, so they are technically in breach of the contract you entered into with them. In addition, the fact they are attempting to increase the price of the vehicle you intended to purchase, provides you with a good basis to terminate the contract altogether and return the vehicle they did deliver. You would not typically be compelled to agree to a higher price, the law would normally view this as an "offer" but you are not required to accept it and can say no.

Since they have not delivered the vehicle you intended to purchase and because they are now attempting to charge you more than you originally agreed for the vehicle you did intend to purchase, you would typically have the right to terminate the agreement you did signed because they have breached it and reject their "offer" to purchase the vehicle you did intend to buy.

If they will not resolve this matter with you to your satisfaction, you may wish to file a complaint with a BBB or even retain a local attorney to communicate a demand to them.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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