Wednesday, February 10, 2010

Car DealerShip & False advertisement?

I want to know if I have a case to file false advertisement against a local car dealership. Earlier this week I was online browsing through auto dealer websites for cheap but reasonable cars when I came across a car that is valued at $25,000 listed for $3,000 I made an offer on the car, when a sales rep returned my call they said that the car wasn't at that price as listed and tried to offer me a older car at my offering price.The E-price for $3000 was on the dealership's website along with yahoo it was there until late Thursday, of this week. At the time I couldn't say what I wanted to b/c I was on the clock. I would like to know if I have a case against the car dealership for false advertisement... I have hard copies of everything I did online.Car DealerShip %26amp; False advertisement?
Are there any legal disclaimers at the bottom of the ads?





Usually, dealers will put something to the tune of ';prices are at the discretion of the dealer'; or ';dealer is not responsible for errors or omissions';.





I've seen cases such as this quite often in court, and have personally been involved in a few. You would not win. You're not going to get a $25,000 vehicle for $3000 due to an error on a website.Car DealerShip %26amp; False advertisement?
Nope, no false advertising. All they have to do is claim it was a misprint or a typo.





On your part, you have to be reasonable. Do you really think it's reasonable to offer a $25,000 car for sale for $3000? Of course not, it's an obvious error.





Now if they told you YES, the car was $3,000 and you got to the dealer, test drove it, discussed the deal, agreed to buy it and THEN they said, the price was not $3000, you might have a case because that would be a clear issue of misrepresentation.
That's not false advertising. It falls under ';misprint';, which is considered a legitimate mistake. If a dealer's ad shows an unrealistic price, such as this, and a salesperson tells you it's a mistake, it could very well be that -- a mistake.





But in this situation, the salesperson told you that wasn't the price and offered something else that was at that price. That makes me very leery of them. It has the appearance of ';bait and switch';, intentionally misrepresenting the price to get you into the dealership to sell you something else. Unfortunately, bait and switch is very difficult to prove. Especially when it comes to a website because all the dealer has to say is that it was a simple misprint and it's been corrected.





This dealer sure seems to be very underhanded and corrupt. But they have the ';misprint'; loophole to avoid litigation. Do yourself and favor and avoid them like a plague. Don't buy anything from them.





Yo Satan! You do have a point. But the way that salesman tried to interest this person in another car right away in the $3000 range tells me this is an old school, high pressure house with blue suede shoes salesmen. Exactly the type of dealership to avoid at all costs.





I had an 08 Audi S4 Cab on sale for $45,395. In the paper it was priced at $15,395. I told my staff to tell everyone on the lot ,or on the phone, that it's a misprint. Then ask them if they're shopping for an S4 Cab or a $15000 car. If it's the S4 they were looking for, my staff was to show them the car. If it was a $15,000 car, they were to tell them what we do have in the range and let the customer decide if he/she's interested. If so, show them what we have. If not, thank them for stopping by or calling. And let it go at that.





Whether or not the dealer mentioned here made an honest mistake, it was clearly using the ';misprint'; excuse to bait and switch. Something I won't tolerate from my staff.





That said, I still enjoy reading your answers. You're very observant and rational. Two thing things that will take you far in whatever career you pursue.
That would be a simple misprint. In order for it to be false advertising, there has to be a reasonable expectation that you could make that transaction. It is not reasonable to expect a $25k car for $3k. If the ad said $22k, you would have a much better chance at the claim, that would be a more reasonable expectation.





The fact that the salesperson offered you another car is not indication of bait and switch. First off, that resonable expectation is not there. Second, the salesperson said that this was a misprint, then offered other vehicle in the customer's budget. come on ';INSIDE'; if you are a new car manager you know that is SOP. If a customer calls in, your salespeople are instructed to offer alternatives.





Sorry, there is nothing to be done here.

No comments:

Post a Comment