Yday I bought a new 09 Toyota. It was advertised in the newspaper as having cruise control...but..?

Question

There is no cruise control on this car. The vin# is the same as the car in the ad. When I called the Toyota dealership, the new car sales manager said that the newspaper mis-printed the ad info. She told me she is waiting on a retraction letter from the newspaper. She also stated that she could "get me out of the car " if that would make me happy.

WHAT WOULD MAKE ME HAPPY WOULD BE ME RECEIVING THE CAR EQUIPPED AS ADVERTISED AT THE PRICE ADVERTISED!!!

Any lawyers out there? What are my rights here? Is the dealership required by law to make good on their ad? Or can the dealership pass the buck and put the blame on the newspaper and thus leave me "high and dry".

I am a repeat customer. I bought a new car from this dealership in 2001 for my wife. This dealership is 40 miles/ 1hour from my home. There are at least least 5 other Toyota dealerships closer to my home than this one!!!

Answer 1

no win situation.

either go back and get another car or keep what you've got.

short of that getting a lawyer or going to court it's probably not worth the time and effort.

do they have a car with cruise control or that is not available on this trim level or model?

idk if this applies to you but sounds like the paper is not liable for misprints.

In no circumstances shall the total liability of the publisher for any error, misprint or omission exceed (i) the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose or (ii) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.

Answer 2

Read the fine print at the bottom of any big automobile dealer's ad and I guarantee there is something that mentions about not being responsible for misprints.   By your own writing above, the sales manager offered to let you out of the car if that would make you happy.  It sounds like she is willing to work with you so....

Of course i have questions for you since you are so quick to point the responsibility at the dealer.  During your test drive (I'm sure you took one), didn't you notice there was no cruise control?  ON the big piece of paper that list the options ont he vehicle, did you bother to check to see if all the options you were interested in were on that particular vehicle?  In all the papers that you signed before taking possession of the vehicle, did you once check or bother to confirm that you were receiving the same vehicle that was in the ad?  Or was the gun the dealer had to your head bothering you to0 much?

I apologize for the cynicism above, but I read too many stories of people not doing their homework before a car purchase, then they want to blame the dealer afterwards.  No I am not a dealer.  With any contract or purchase, both parties are responsible and have to agree upon the terms of the transaction.  

My suggestion is if not having cruise control completely ruins this car for you, then call the sales manager and get out of the car.  Before you do this, make sure it is worth it financially.  Just because there are 5 other dealers in your area, it does not mean they wil sell you a car at the price you want.

Good luck.

Answer 3

The newspaper ads are done by ad agencies, therefore the dealer cannot guarantee the accuracy of everything in the ad.  Its your job to check the car before you bought it.  

The fact that they are willing to get you out of the car is a great thing, go back and get one with cruise, they'll probably unwind the deal.

What do you want?  What do you need a lawyer for?  Do you want to sue them for emotional pain caused by a mistake in a printed ad?  

They are offering to help, take them up on it and stop whining.  Sounds like you are dealing with a decent dealer, most dealers wouldn't consider helping you.