Well my parents purchased a used minivan from a local dealership about four to five months ago. Everything was fine untill the snow fell here in Chicago. My mom drives this car so it was very important for the car to have ABS. She had a car without them years ago, and it is not something she feels comfortable without. The window sticker on the car has all the cars information like: Vin #, stock #, make, model etc... Under the specifications ABS are listed. The car turns out not to have ABS. Not that they do not work but they are not there period. I am not sure what my parents want out of the situation at the moment. I am just seeing what can be done about the situation. I figured one of you guys would know some legality behind this. Main thing is the car would have NEVER been bought with knowledge of the ABS not being on the car.


Thanks
Martin

 

Martin the problem here is going to the "value" perceived. If the dealershp admits fault, I doubt they are going to owe more than the difference in an ABS and non ABS model plus some sort of an annoyance fee. And that's if you get a lawyer and spend a bunch of money, have to be careful buying used cars from dealers.

 

I would take the car back, period.

You signed a contract for a car with ABS, and they delivered a car without. Case closed, they didn't fufil their end of the deal, so why should the contract be considered "real"?

 

Was that the original window sticker? Or the used car dealership's window sticker?

Maybe they'll let her swap the car for something with ABS. That stinks, though.

Worst case scenario, if she gets snow tires for the minivan it'll go a long way to making her comfortable in the winter.

 

I'm with both of the previous two posts.

If the documentation says with, and its without, a prefessional, respectable, ethical dealer (are those words allowed to be put together?) should do something. I was also thinking some type of trade for a similar vehicle with ABS and similar age/milage, etc...

 

the dealer 'may' help out but your parents will still take some sort of 'hit' trying to trade the car back in on a van with ABS.

The dealer would be able to get out the 'error' especially if they have an outside company come do their stickers. If they do their own your parents would still have one long legal battle ahead.

 

Yeah just trying to get an idea where I stand. What is the possibility of the dealership giving some sort of compensation?

 

its fraud in the inducement. sale is void. she could easily win in small claims.

 

I spoke with my parents a little more on the matter. They have already done some maintenance like new tires, oil change, etc...At this point they are not interested in returning the car. Could I ask for some sort of compensation without going to small claims court. What sort amount would be reasonable? Thanks for the help guys.

 

Does the dealership have a service department?

Maybe you could work out something that would be mutually beneficial? Like some free labor or something like that?