Car Dealer Issues

This is a discussion on Car Dealer Issues within the Business and Financial Law Questions forums, part of the Legal Questions & Answers Forum category; I DOUBT this is anything that can be pursued, but I just wanted to check in case it was. A local dealership in West Palm Beach is offering a special ...

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  1. #1
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    Car Dealer Issues

    I DOUBT this is anything that can be pursued, but I just wanted to check in case it was. A local dealership in West Palm Beach is offering a special that says $9,000 off MSRP for any trade in. Obviously, it's a gimmick. Turns out the gimmick is that they raise the MSRP $8,000, so you actually lose on your trade in. I contacted the model maker (Kia) and they said they couldn't do anything about it. Now, I know dealers run all kinds of bait and switch type deals, and most of the time, the fine print protects them. On this one, however (which they are advertising so heavily that if you search for South Florida Kia, the number one paid search (google) ad is for this deal) how can a dealership make a false MSRP. I understand messing with invoice, and dealer price. But isn't the MSRP set in stone? Just thought I'd ask.


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    You've got a good point here, and there are actually lawyer who specialize in the kind of law you're discussing here... For example there are lemon law attorneys who specialize in California lemon law. But I guess it would come down to determining whether they've actually lied blatantly in stating that MSRP is one price where it is in fact another.

    See, you're right in that they're legally allowed to do puffery but they're not allowed to straight up lie. In the case of sales puffery you're dealing with someone saying "we have the best cars!" or exaggerating some kind of features of a car like saying smoething such as "this truck makes you appear to others as being young, hip, or 25 lbs lighter when you drive it!" These statements aren't really lies, they're just flattery or puffery. But when someone markets via a lie and uses distortion of truth, they cross the line. This crosses into misrepresentation.

    In the case of misrepresentation, there's a deliberative lie and/or major falsehood like, "This truck is brand new and never used except here at the dealership" when in fact, the car really had 5,000 miles on it. Another option that you might want to consider is to contact the FTC and make copies of their deals. Do a print screen of the advertising pitch, get things in writing from them, and discuss with them what they are intending to do. Maybe record the conversation with them. Then you can demand to them that they hold their bargain.

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    you can also check out the directory because they've got lemon law lawyers and other attorneys who can help with your question... one of them might want to help you with your claim... and it might be worth it if you can save like $8,000!

    Lawyers & Attorneys


 

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