Legal Question in Civil Rights Law in Maryland

Dealership Misconduct

I went to a dealership to get a car. The car I was looking at was in the paper for 9500.00. When I went to look at the car they couldn't find it. Well then we thought we found it so we took the car to the manager to make sure we had the right car so we checked the vin # and it matches. Well now they are telling me that they can't sell that car for that amount. The car looks like it is worth more than 9500.00. Do they have to sell that car to me for that price because the vin # matches? I say that they do but from a legal standpoint I don't know. Please let me know soon thanks!


Asked on 10/08/04, 1:43 pm

3 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Dealership Misconduct

It's possible the dealership may have been using a "bait and switch" tactic--i.e. advertising a really "sweet deal", but when the customer comes in to the showroom, steering the customer to a not-so-good deal.

If this is the case, theoretically, you have a legal cause of action for consumer fraud, etc.

But, I have a question for you: if you don't trust this dealer (for whatever reason), why not simply take your business elsewhere?

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/09/04, 9:36 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Dealership Misconduct

Generally, I believe if the ad. is written in language that is a legal offer, you may have a valid binding contract, upon appearing at the dealership and accepting the offer. Moreover, you may be the victim of "deceptive" advertising/business practices. What you describe may fit into several known deceptive practices: (i) "bait and switch" (ii) false advertising, amont other things. If you go to consumer rights search engines the Maryland Attorney General's website or your local government's Consumer Affairs offices and look up keyterms "deceptive" and "Auto" you can see previous cases prosecuted by those offices and various applicable consumer laws. The National Association of Consumer Advocates (NACA) is great also. In addition, you can look into filing your own private claim(s). I or another consumer rights lawyer who does this kind of work can help you. In order to receive "legal advice" we must meet in person and detailed, case-specific information must be received and weighed. To schedule a free consultation, call my office: (301) 279-8773.

NOTICE: Nothing herein is to be relied on as legal advice.

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Answered on 10/08/04, 5:57 pm
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Dealership Misconduct

The advice given by attorney A. P. Pishevar seems very sound. I would just add that if this fact pattern occurred in Tennessee, where I am licensed, I would ask the client if the dealership printed a correction to his ad or immediately pulled the ad upon finding his error. If so, most judges will call this a harmless error and say you did not suffer any harm ---unless you can prove another car you wanted to buy was purchased from under you, because you were waiting on the $9500 car. If the dealer continued to run the ad week after week with the wrong VIN #, then that would make the "mistake" look intentional.

http://riskmgmt.biz

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Answered on 10/08/04, 11:32 pm


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