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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33752
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I just bought a new car in Florida. During test drive was told

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I just bought a new car in Florida. During test drive was told and shown a button that would operate the Nav. system. I asked about this option many times while negotiating price it is 1550.00 option. I asked when buying extended warranty if system was covered, and was told yes. BotXXXXX XXXXXne is car dose not have this option. I found this out while reading through the owners manual. Can I void this contract and get my trade in back it .I contacted the dealership 2 days after purchase. offered me a 750 check to make up difference after telling me not legal to take any car sale back.

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:

Did you pay extra for this option? Do you have evidence of the dealer's misrepresentations such as witness testimony or documentation?

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

Customer: replied 3 years ago.

I bought this from a certificated Buick dealer it is a Buick Enclave. The window sticker was not on the car but in the glove box when I bought the car. I was told only when I asked that this was on the vehicle and while test driving the vehicle with my family the sales person pointed out what button made the system activate. After that I assumed the system was in the vehicle. The window sticker dose not reflect the option being on the car. The car was priced higher than about 7 to 8 in the market that did not have this option. My only concern is that I would not have bought this vehicle from this dealer at this price without that option i would have gone to another dealer. I also work for a company that has fleet pricing. That I did not use because the price was 100 less than the fleet price for the car with the added option. The car as is with fleet pricing is over 1100 less. most other dealers in the area have the car as is at 2500 - 3000 less than this dealer sold it to me for. I knew this ahead of time the only reason i bought this car was because the option was represented as being in this vehicle. I could not fine any better deal in the area with this option. But i do not have in writing that this was an added option.

I don't understand, if the option was on the vehicle when you test drove it, did the dealer remove it before you actually purchased the vehicle?
Customer: replied 3 years ago.

No the Buick has a touch screen system with a feature for advanced trip info. The button looks like a road in a 3d perspective. the sales lady told us that that was the navigation system controller and when she pushed the button could not get it to work. she said that it has to probably be activated to work and the activation instructions would be in the owners manual. this option also includes a 10 speaker Bose stereo system and some kind of rear volume controls and headphone jacks.

I see. As this appears to involve a mistake rather than fraud by the dealer, I don't have any suggestions for you to resolve the situation and will opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and Good Luck.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

I noticed Tina, who is an excellent expert, had opted out of the question and I thought I'd see if I could help.

Your question was: "Can I void this contract and get my trade in back"

The answer is not without going to court.

I agree with Tina that according to your facts it appears there was a mistake rather than fraud. However, a mistake of fact can be the basis for asking a court to rescind a contract and put both parties back to the position they were in prior to the contract's attempted formation.

If the contract doesn't specifically address whether this option was or was not on the vehicle then outside evidence can be considered by the court to determine whether there was a mistake or not.

Please ask any follow up questions that you may have in this thread.
Dwayne B., Lawyer
Satisfied Customers: 33752
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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