Legal Question in Product Liability in Illinois

I recently traded in my vehicle for a Jeep on Carvana. When the new Jeep arrived, it did not have the hard top with the vehicle that was advertised as an installed feature. I reached out to Carvana to get the issue resolved, they asked for a quote from a Jeep mechanic/dealership for parts and installation of the missing feature. I complied and returned the dealership quote of $3295.44 to them within the next couple hours (the dealership compared the Carvana sale description to the vehicle, providing a quote for the missing parts that would still be expected to be included in the used Jeep). A day later, Carvana informed me they would provide a $500 check or $500 off a swap vehicle for the missing feature. There are no similar Jeeps on their site currently that also list the feature supposedly included in the one I purchased. I traded my vehicle for the specific Jeep due to the cold weather features and ability to handle snow, as my husband received active duty station change orders to upper New York. We don't have time to search for a new vehicle or fight with Carvana, nor the funds during a move for putting a $3k hard top on a new vehicle that was supposed to have it. What are our legal options?


Asked on 11/13/21, 5:12 pm

1 Answer from Attorneys

Brian Wendler Wendler Law

Assuming your purchase was made while you were in IL and IL law applies, you have a number of options. You can sue Carvana for breach of contract and get the money you paid to get the Jeep vehicle they advertised but did not deliver. You can also ask in the lawsuit for additional damages under the Illinois Consumer Fraud Act. If we can show that Carvana has done this to many people, you might be able to turn this into a class action lawsuit but that is premature to determine without proof of others who were similarly mistreated. You can ask for that information from Carvana after the lawsuit is filed.

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Answered on 11/13/21, 8:02 pm


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