Need to know my options regarding a new car issue...

[Knottscott]

Hi all - I bought a new car today with the impression it had a cruise control. I requested "tilt, cruise, and air" right from the start ...he showed us a car that he said also had power locks and power windows, which are a fine addition. We drove it, liked it, agreed on terms, and took it home a couple of hours later with their dealer plate. I immediately noticed that it did not have cruise control...didn't noticed that on the test drive but assumed it had it. The sales guy was new and I think it was an oversight more than malice. I called them promptly, which was at the end of their work day...they promised to call me tomorrow to discuss.

I'm wondering if anyone knows what rights or legal recourse I have if they won't reconcile the oversight. We're in NY State, the car is still on their dealer plates and won't be officially registered until tomorrow. Do I legally have 3 days to back out of the deal in NY? Should I put a hold on the check? Should I contact my insurance company and tell them not to issue insurance cards until we clear this up?

I'm hoping they'll take care of me and make things right, but if I need to play hardball I'm wondering what my options are. Any insights would be appreciated!

TIA!
Scott

[LCHIEN]

Usually most states have a period of about 3 days for "buyer's remorse"
you can return the car and void the sales contract if it does not meet your expectiations.

Obviously life would be best if they somehow made it up to you.
Factory Cruise Control is not, I think, retrofitable to a car that did not come with it.
Maybe they can have an aftermarket CC fitted if the car is otherwise to your liking - but you'll probably have to pay for it.
Or, they can swap cars with you paying the difference in price? (which will take some negotiating as they'll probably try an get you to pay list price for the extra accessories, about 85% off options is commonly reached for most negotaited car sales).
After all they sold the car at a price which reflected what they knew to be its value based on the options it really had which did not include CC.

Now if the sticker claims it has CC but it really doesn't (which I have heard of cars coming missing listed options on two ocassions), they they will have to make good to you at no cost to you.

Worst comes to worst you'll have to claim buyers remorse and start over.

But better get on the dealers case Monday first thing as if he hems and haws then your grace period will be gone. If I got there at 10 AM Monday and didn't have a solution by noon then I would nullify the sales contract.

As far as insurance which greg mentions a few posts down, I recall my insurance agent telling me that I have a 10-day grace period in asking them to cover a new car - e.g. a new car will be covered for 10-days even if I don't tell them about it. Obviously you should check with your agent, if you haven't already asked him to add it to your policy you might be able to wait a few days until all the dust settles as to what car you will end up with.

[crokett]

As far as the loan goes, (assuming there is a loan) you have a grace period after you sign to terminate it for any reason you want to. If you do that the dealer will probably want his car back once he realizes he isn't getting paid. But I'd talk to the dealer and see what he will give you, he may be willing to install the cruise. You can always cancel the loan and return the car if he isn't.

[Greg in Maryland]

Absolutely do not cancel your insurance. You are completely responsible for this car while it is in your control. Insuring the car will not harm you in the least bit. Not insuring it can.

Also, do not wait for the dealer to call you back. Show up at the dealer's tomorrow morning (with the car) and be insistent upon a resolution.

When you are resolving this, don't surprised if the dealer agrees to accept an exchange and try to charge you for these extra items on a new car. They offered the car at a price which was reflective of the fact that the extras were not included. You accepted this price based on the understanding that the car had these extras. As you found out, there is a disconnect here that may cost you.

Remember, you can walk away with all your money in your pocket if you are not satisfied. That might be an incentive for them or it might not.

Lastly, do not underestimate the tricks that car dealers play on consumers.

[Russianwolf]

Also, make a quick call to the State Attorney General's office and they should be able to tell you in seconds what the grace period on car contracts is.

I can imagine it's a common question.

[parnelli]

Scott- Hopefully the dealer will work things out. I've always heard that the "3 day return" that is being mentioned here is an urban legend. A quick check of Google, and I could find no examples of it's existence either...

[Cheeky]

Scott- Hopefully the dealer will work things out. I've always heard that the "3 day return" that is being mentioned here is an urban legend. A quick check of Google, and I could find no examples of it's existence either...

i contacted elliot spitzer's office (when he was the att. gen of nys) a few months a go after my father purchased a car, and there is no return policy in nys.

fortuantely dealers are in the business of building a customer base, so they will usually accomodate you. they did in my father's case.

[Hoover]

[QUOTE=LCHIEN;258427]Factory Cruise Control is not, I think, retrofitable to a car that did not come with it.
on the options it really had which did not include CC.

I was told something different, about adding factory cruise control to my 2005 Ford Ranger. I could have the factory cc installed, for a price near $600.00. Or I could have an aftermarket cruise control installed for roughly $350.00. My truck came without the option. This was confirmed by the Ford dealer.

[Jim Boyd]

As a rookie cars salesman I did the exact thing that you had happen except it was side airbags. I made sure the sales manager knew that I told them it had side air bags. The deal that the customer suggested and the dealership agreed to was making the first payment, which equaled the price of the missing option. I had confused the car with the car I had showed them right before the one they bought. Here in Texas they said once you drive the car off the lot it is yours legally, no buyers remorse back out grace period. But in your case like mine there are mis-leading sales tactics, though unintentional, so the dealer should make good on the deal.

[Knottscott]

Thanks everyone for the replies and suggestions. I'll definitely be their first item of this new business day!

I'll post some followup when I get some idea what's going to take place.

[scorrpio]

Heh, dunno what you paid for the car, but if you can return it, I'd not be in a hurry to get a replacement from them. I would figure out the exact model I want and send quote requests to a number of dealerships in the area via Internet. When you come in over the 'net, dealers don't even try to finagle you - they know you have access to all the data you might need and open lines to every dealer in the neighborhood. They generally just give you invoice price unless the model is real hot.

Never trust salesmen. When I was buying my present car, I wanted to get a testdrive before getting quotes, so I visited a dealership. They only had the car in a more expensive trim (same mechanicals though), so we testdrove that, and I also really liked the color it was, and made a mention of that. So, after testdrive, he tried to get me 'in the box'. When I said I wanted LX, not EX anyway, he proceeded to tell me with a straight face LX did not come in that color. Riiiight. Seeing the look I gave him, he took a hint and stopped trying.

[Santa Clarita Len]

A reputable dealer will add the factory cruise control at no cost to you.

[ragswl4]

Legal Issues

Couple of things. What does the contract say as far as the description of the car and its options? If CC is listed, you got em. If not and the salesman said it had it, do you have a witness to confirm his statement? If you do (or maybe even if you don't) then you may want to consider small claims court to resolve the issue if the dealer stonewalls you. It is possible that the action of filing the small claims will prompt the dealer to do the right thing to avoid the court appearance and the bad pubicity. I would go this route as a last resort as it is much better to work it out than have to take the time and stress of a court appearance, win or lose.

I think, at least in California, when you drive the vehicle off the lot, its yours. No 3 day or any return grace period. I have a good friend who purchased a new truck that had problems right away. He eventually had to go the "lemon law" route to get his money back. It took him over a year.

[Knottscott]

The original issue was an honest oversight by a green sales guy, and some incorrect assumptions on our part, so I do feel partly at fault for not catching it...I would never have agreed to the deal without the cruise option.

Anyway, they've offered to meet me halfway, and will split "their cost" of the factory installation (not retail cost), which I wasn't initially overly happy about, but is a deal I've accepted and will be satisfied with in the end. The car was a fairly low cost Hyundai Elantra, and I think we accepted just about the lowest price they'd be willing to offer. Based on that, a few dollars more to have the equipment installed won't damage the deal. They've offered a loaner until the work is done, and the cruise control will be backed by their warranty.

It's a car, it's an expense, and it's a lesson learned on both sides. We'll shake hands at the end of the day, and I hope it turns out to be a good vehicle for years to come.

Thanks to all for the replies!

[LCHIEN]

I have to admit I can't find any reference on the internet to a "cooling off" period or grace period for buyer's regret, for new cars, wherein you can cancel the contract in some fixed amount of time. Sorry. Must have been a urban legend or figment of my imagination.

I would agree that the deal you settled on is reasonably fair, they made a mistake in unintentionally misrepresenting the car and so did you in neglecting to check for this "key" option. Good luck. Lessons to us all.