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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was talking to one of the sales executive from more than

Customer Question

I was talking to one of the sales executive from more than 10 day to get good price on Nissan Rogue SV with premium package. Finally the sales executive gave me price for AWD 25703$ with taxes & plates but she told she cannot give for Zero % APR. I agreed to that price and went to the sales executive on Aug 1st to buy Rouge (the same car). As she knows I went to other dealer and came back to them. She told me I cannot give for the same price and she bought new quote by adding 500$ for Zero% apr and 700$ more to the price she quoted before (saying Nissan removed the discount). Total she gave me a quote for 26973$ for the same car, which is 1200$ more. Even I have accepted for that asked her process. But the problem is when they delivered they gave me 2WD instead of AWD for 26973$. That I did not release on delivery. When I realized on asked the sales, they did not respond me properly and saying we delivered right one. Can anyone think if AWD is quoted for 25703$ including taxes and plates for premium package, why someone pay for 2WD 26973$? Which is more than AWD? This is totally cheating customers. I have all in my email. This is my first new car and I was cheated. I am unable to digest on this. It is bad experience I have faced. I asked them to replace my car with AWD or give me the price difference they did accept that and they are very rude on me. Please let me is there a way I return the car or get money difference?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you signed a contract for a AWD and that is what your contract states, they have engaged in an unfair and deceptive practice called "bait and switch." If they refuse to deliver you the AWD or adjust the price, you have a right to 1) File a complaint with the WI Attorney General's consumer protection unit for unfair and deceptive practices and also with WI DMV Dealer Licensing Unit for their unfair practices and 2) If the Attorney General and DMV cannot resolve the matter to sue the dealer to rescind the contract.
You need to inform the dealer that they are in breach of contract and that if they refuse to 1) provide the AWD pursuant to contract, 2) reduce the price accordingly or 3) cancel the entire contract, then you will indeed pursue a complaint for unfair and deceptive practices with the attorney general and DMV and will sue them for up to triple damages in court for their breach of contract and unfair and deceptive practices.
These are your options.