AboutJeremy Beck Expertise I can answer any question as it relates to the purchase or lease of a new or pre-owned vehicle. I can give you advice in purchasing from a franchised dealer or private party. Buying a vehicle can be a very difficult and frustrating experience, but it doesn't have to. Know before you Go! Let me help you with any of your questions.
Experience I have been in the automotive business for 10 years. I have held every position from salesperson, Finance Manager, New Sales Manager, Used Car Sales Manager, Finance Director, and Director of Sales and Finance. I graduated from the University of Texas with a major in Business Administration, and have held many sales jobs in the automotive sector. I am a member of the Association of Finance and Insurance Professionals (AFIP). I have also been trained by some of the best schools in the business including JM&A, Ethos, VT/AIG, Inc, and various others.
Question I recently purchased a used 2006 Mercedes C230 from an independent dealer
in NJ. Through the process of purchase I had asked if the previous owner was
a smoker. I have asthma and smoke residue/smell is not good for my
breathing. I was assured the car had not been smoked in. Three days later
when i turned the AC vents on the only thing i could smell was stale cigarette
smoke. I then noticed some smoke stains, which had tried to be cleaned and
covered up above the drivers side window. The car had obviously been
smoked in. I contacted the dealer the next day to bring the car back, stating
that I had purchased the car under a misrepresentation, and had I known the
car had been smoked in there is no way I would have purchased it. The dealer
has been giving me a very hard time, stating that because I had signed a
contract and they did not have written evidence of me asking if the car had
been smoked in that I am liable to my contract. I have two witnesses who
were with me that were there when I had asked the question. With this said,
am i liable to my contract, or able to get out of it since the dealer lied to me
about the car history? Thank you -Nick
Answer Nick,
Thanks for the question. Unfortunately the dealer is correct. Since there is no written evidence that you requested a non smoker vehicle, they can not be held liable. You can try to take the dealership to court, with your witnesses, but it would be very difficult to win, and a lot of money. I would call the dealership and ask to speak to the General Manager, and explain your situation, and see if that person is willing to help you out. All I can tell you in the future is to make sure that you have a signed document stating what you are expecting, and make the dealership sign it as well.
