Legal opinions-HELP!!!

coachv

coachv

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Long story short- Bought Supposed New Truck on 11/15/07- Went on vacation had Check engine light come on -took to Dealer - Dealer said out of warranty-Called old Dealer they PAID repairs- Called Company customer service - IN service date June 2004, so 36-36,000 miles out of date - All paper work marked NEW-Vehicle. CarFAX when i got home same info as Company customer service. The truck had 36 miles on it when i bought it . What are my recourse's? I do not wish to revile Dealer or company at this time . You never know who is watching or should i say reading. I was made to believe that the truck was never sold and i was the original owner. I want all my money back thanks for any help and i will keep you updated.
 
I would take copies of paperwork back to dealer you purchased from and talk with sales manager. Expain everything in a calm manner. Your paperwork says "new", dodge customer service says not, carfax says not. Ask manger for a complete refund. If he does not comply remind him that this is fraud and you have the original paperwork to prove it. Ask to speak to his boss, ask for everybodies business cards, remain nice and calm and let him know your lawyer will now get involved. Now start shopping for the proper lawyer.

patrick
 
u drove the truck for 8 months and u want ur money back?,kinda ridiculous to say the least,get an extended warranty through ur dealer
 
coachv said:
Long story short- Bought Supposed New Truck on 11/15/07- Went on vacation had Check engine light come on -took to Dealer - Dealer said out of warranty-Called old Dealer they PAID repairs- Called Company customer service - IN service date June 2004, so 36-36,000 miles out of date - All paper work marked NEW-Vehicle. CarFAX when i got home same info as Company customer service. The truck had 36 miles on it when i bought it . What are my recourse's? I do not wish to revile Dealer or company at this time . You never know who is watching or should i say reading. I was made to believe that the truck was never sold and i was the original owner. I want all my money back thanks for any help and i will keep you updated.
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If the dealer sold you the vehicle as new not used your paper work should reflect same. That being the case the warranty would have gone into effect 11/15/07 because it was never titled. I have an 05 that was bought in 11/06, same deal, never titled, 74 miles when I bought it. If a title search shows that the vehicle was actually titled in 2004 and the dealer sold you the vehicle in 2007 as never being titled, that is fraud. See if you can find out if there is more information on who it was titled to.
Also check the build date on the truck. It could also be a paperwork screw up. The dealers are defined as the owners when they get the trucks. June of 2004 in service date with 36 miles on it. That just does not sound right for someting being sold and put in service. i.e. bought vehicle drove around town and decided they didn't like it? 36 miles and then sat for 3 years?? Hope this helps a little, good luck. You may be able to resolve this without lawyers and court.
 
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coachv said:
Long story short- Bought Supposed New Truck on 11/15/07- Went on vacation had Check engine light come on -took to Dealer - Dealer said out of warranty-Called old Dealer they PAID repairs- Called Company customer service - IN service date June 2004, so 36-36,000 miles out of date - All paper work marked NEW-Vehicle. CarFAX when i got home same info as Company customer service. The truck had 36 miles on it when i bought it . What are my recourse's? I do not wish to revile Dealer or company at this time . You never know who is watching or should i say reading. I was made to believe that the truck was never sold and i was the original owner. I want all my money back thanks for any help and i will keep you updated.
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Is this a 04 or 05 model year? And I assume there is less than 36K on the clock. You bought it in 11/07 with 36 miles. Can your selling dealer track down through Chrysler how the in service date began back in June, 2004? This may be a case of where a previous sale may have fallen through and the "recording keeping" never caught up, e.g. in service date removed from the original sales attempt? :dontknow: Also, be careful of CARFAX. They are good but they rely on the data they receive. It is possible that CARFAX will not catch a salvage title if the vehicle changed registration in multiple states (also depending on the states involved and their DMV's). I would start with your selling dealer and work from there. Good luck. BTW, got any pics of the hot rod truck? :D
 
coachv said:
Long story short- Bought Supposed New Truck on 11/15/07- Went on vacation had Check engine light come on -took to Dealer - Dealer said out of warranty-Called old Dealer they PAID repairs- Called Company customer service - IN service date June 2004, so 36-36,000 miles out of date - All paper work marked NEW-Vehicle. CarFAX when i got home same info as Company customer service. The truck had 36 miles on it when i bought it . What are my recourse's? I do not wish to revile Dealer or company at this time . You never know who is watching or should i say reading. I was made to believe that the truck was never sold and i was the original owner. I want all my money back thanks for any help and i will keep you updated.
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"Revile" or "reviling"............................

(to use abusive language towards a person, place or thing) -Django's personal pocket Lexicon

D
 
Django said:
"Revile" or "reviling"............................

(to use abusive language towards a person, place or thing) -Django's personal pocket Lexicon

D
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I think he meant "reveal". To divulge or inform.
 
Django said:
Ya.............Thanks for the tip..........;)

D
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I knew you knew that. Just messin' with the Wordsmith. :D:aetsch:

Had to get at least one post in today.

I once was interested in a motorcycle that was being used as a demo. When a dealer uses a bike as a demo it is sold to them at a reduced rate but they need to sell it in a certain amount of time. If they don't sell it in that time, they owe the manufacturer the regular price for the bike. On this bike I was looking at the time had come and gone so they put the bike in one of the employees names showing the bike as sold as far as the manufacturer was concerned but they were still selling the bike as new on the showroom floor. It only had 400 or so miles on it but half the warranty was gone since the manufacturer considered it in service awhile ago.

Don't know if this is a similar situation or if it can even be done with auto's. Just some food for thought.
 
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The Company list IN SERVICE DATE as June 2004- Carfax and another list( Company) mileage as 9 on in service date June 2004 then in August 2004 list service vehicle at dealer with 16 miles on truck. I bought it and the truck had 35 miles on it in Nov. 2007 all paper work list 3 categories New , Used , Demo . New is listed on all paper work. I was told i had complete bumper to bumper 36- months 36,000 mile warranty . According to paper work by Company & Carfax someone owned the truck for 2 months.
 
SilvrSRT10 said:
I knew you knew that. Just messin' with the Wordsmith. :D
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Of course............

Actually, the context in which he used the malaprop was perfect.

I was going to suggest that he takes (Maui) Patrick's advice. Be polite and respectful, but matter of fact when confronting the GM and other employees and refrain from invective and reviling in case the dealer accepts responsibility.....:argh:

D;)
 
coachv said:
The Company list IN SERVICE DATE as June 2004- Carfax and another list( Company) mileage as 9 on in service date June 2004 then in August 2004 list service vehicle at dealer with 16 miles on truck. I bought it and the truck had 35 miles on it in Nov. 2007 all paper work list 3 categories New , Used , Demo . New is listed on all paper work. I was told i had complete bumper to bumper 36- months 36,000 mile warranty . According to paper work by Company & Carfax someone owned the truck for 2 months.
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I think FastRam is more in the ballpark of what happened. If this truck was never at a different dealership, this sounds like a paperwork snafu. I think you should go over to the dealership, find the head honcho there and simlpy explain the situation. If it was some type of clerical mistake I am sure they will help you resolve it with Chrysler. If they were doing something underhanded to avoid paying for that truck sitting on their lot they will probably stone wall you and not be of any help. I don't think you need to be nasty at all just yet. You need answers and the dealer is your starting point.
 
SlvrSnake said:
I think FastRam is more in the ballpark of what happened. If this truck was never at a different dealership, this sounds like a paperwork snafu. I think you should go over to the dealership, find the head honcho there and simlpy explain the situation. If it was some type of clerical mistake I am sure they will help you resolve it with Chrysler. If they were doing something underhanded to avoid paying for that truck sitting on their lot they will probably stone wall you and not be of any help. I don't think you need to be nasty at all just yet. You need answers and the dealer is your starting point.
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I couldn't agree more.....

If you have paperwork to legally substantiate (that) the vehicle was purchesed "as new" then you are legally within your right to find the dealer negligent and claim (that) the contract is null and void. Thus, making the dealer legally responsible to refund your money.....

This is a simple breach of contract. The onus is not upon you, but (on) dealer to sell you a new truck, as promised in the agreement.....

So, simply tell the dealer that you will be forced to take them to civil court if they don't refund your money...... That is, unless the statute of limitations in your state has expired.... I'd check that out with your state's Attorney General's office.

That's my opinion.....

D
 
I would just go back to the dealer in question, sit witht he manager and Chrysler on the phone all at the same time. Someone is not being truthful.

Just a FYI, but the 3/36 is not a full bumper to bumper on these trucks, it is a limited warranty, some components are only 1/12.
 
Why get your money back? It ain't the trucks fault you can't get it serviced under warranty. If you like it, keep it. I'm biased but these trucks are damn cool, you've just hit a snag. You'll grow back. Once fixed you could get an SCT handheld tuner and fix the CEL yourself plus increase hp, T and MPG. :D
 
I would speak to the manager in a business like manner and make it clear from the out set that you will only have this one conversation. All future conversations will be between lawyers, and stick to it.
 
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