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Bought a Certified Used car from a dealer with the sticker…

Bought a Certified Used car...
Bought a Certified Used car from a dealer with the sticker price stating it was a Camry XLE. Had my doubts of model type after seeing differences between my car and my wifes Camry XLE , within a week called sales person to talk about it. At the time he said the reason for some of the missing options was because the XLE options had increased over years and assured me the car I had was an XLE. Dopey me took him at his word. Bang, I go to trade the car in today and was told the car was listed in the National Data BAnk as a Camry LE. Original transaction occurred 09/12. Any form of recourse as far as recouping original price difference between the two models and/or difference in trade in value between both models? Any punitive possibilities? I have the original window sticker identifying it as an xle and proof the Vehicle # XXXXX to a Camry LE
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Answered in 10 minutes by:
6/30/2012
LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6,537
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : Do you mean that the transaction occurred 9/11?
Customer:

No the transaction occured 09/14/2010

LADYLAWYER : Okay, your facts said 9/12 so I wanted to double check.
LADYLAWYER : Does the title read correctly?
LADYLAWYER : Also, do you think this was a mutual mistake or intentional misrepresentation?
Customer:

I only found the deception today upon trying to trade car. No the title only indicates Camry. As does all MV documents pertaining to this car.

LADYLAWYER : Do you think this was intentional?
Customer:

Mistake on my part but intentional on theirs. they have access to same data base todays sales person had and he was able to tell me the descrepancy(sp) immediately.

Customer:

Yes when I called back within a week thee salesperson chalked it off to the XLE did not have the missing features as an option.

LADYLAWYER : Thank you. The answer is yes, you have the right to recoup the difference in value between the two cars at the very least. I would print up the evidence you have from the database and take it to the dealership to see what they will offer you. Since you believe this was fraud then you actually have 6 years to bring any sort of lawsuit and tht is from the time you found out about the fraud. So you are we'll within your time to file a claim. Yes, you can ask for punitive damages if there has been intentional misrepresentation and you should. However, if the dealer is willing to settle the matter with you for whatever you request, then you may be able to keep this out of court altogether.
LADYLAWYER : Sorry for the typos. I am in transit on my iPad and this has autocorrect.
Customer:

In transit to the beach I hope. May I ask if your a member of NY Bar?

LADYLAWYER : Law firms in NY, FL and GA.
LADYLAWYER : Here is the statute about the statute of limittions for fraud in NY: N.Y. Civ. Prac. L. & R. §213
LADYLAWYER : Limitations
LADYLAWYER : Not to the beach, unfortunately, just home from a long day.
Customer:

Great one more thing, if no satisfaction is met directly with dealer, where do I go, small claims or is it worth going the whole route and getting a lawyer. I figure his

Customer:

sorry hit reply button too soon. All i'd want is the difference in price plus a thousand for the hassle and deception involved.

LADYLAWYER : In NY, the small claims limit is 5k, but it is only 3k in town and village courts. So if your want to sue for more thn that, I would recommend an attorney.
LADYLAWYER : Then small claims would be your best bet.
LADYLAWYER : I would ask for the full 5 or 3 depending on where you are located.
Customer:

What kind of lawyer do i seek?

LADYLAWYER : I don't think you will need one but if you do, it should be a civil lawyer or a consumer lawyer.
LADYLAWYER : You can ask for your attorney's fees and costs even in small claims if you want to use one but you still cannot go over the max limit which is the 3 or 5 thousand.
Customer:

so your optimistic that with all i said and documentation to back it up you think the dealer would find it wise to deal with this out of court? Also when I present him with the proof, do I let him make copies of it if I'm not getting satisfaction?

LADYLAWYER : Yes, I do think you will have a good chance of them doing something for you outside of court. You should not let them make copies of the docs, but they can view them. You need to tell them you will be taking them to court and alerting the ny attorney general to the fraud.
Customer:

great thanks a lot, any chance of you representing me if things do not go good with them directly?

Customer:

orange county NY

LADYLAWYER : I work most of the time out of the FL firm, but please come back to this post if you don't find the dealer helpful and we can discuss options for you.
Customer:

how will i get you personally on this site if plan a fails?

LADYLAWYER : If you just sign on and come back to this questions under the "my questions" section, will be alerted that you need more assistance.
LADYLAWYER : If you have any more questions right now, I am always happy to keep assisting you!
Customer:

no everything is cool, i appreciate all you did, any tips on handle the dealership.

LADYLAWYER : Talk to the manager, not the one that sold you the car. Tell them what you want up font, don't hold back. Tell them that you are extremely disappointed and though you have spoken to an attorney and know you can file a claim for fraud and a complaint with the attorney general, that you are really hoping to settle the matter a amicably. If they say no, tell them you will give them 5 business days to change their mind before you file the lawsuit. And don't tell them you are only filing in small claims.
Customer:

oh one more thing, will small claims allow a punitive figure and what will it be based on?

LADYLAWYER : The judge will allow it but has broad discretion to determine the amount based on how egregious the fraud was and what you can prove.
Customer:

Alright, i appreciate all advice given, hopefully can maintain some restraint when dealing with them. Thanks it was a blast.

LADYLAWYER : Ha! You're welcome. I had fun too.
Customer:

adios

LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6,537
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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