Car dealer false advertising help?

[Summit]

UPDATE PAGE 7 RESOLVED
tldr; vehicle is missing about $4000 in dealer advertised features... how do I get it set right?

Found a used 4runner Limited for a great price on USAA's car buying service from an Arizona dealer (US manufacturer, not Toyota, vehicle was a trade in). When I called them, they wouldn't budge on price because they said it was the best price around for that vehicle and they had to price it that low because of low interest... OK... fine... the price was great for the Limited with options, so we agreed and I put a deposit.

I couldn't go so wife flew down. It was in great condition, but she noticed a missing feature, and they still wouldn't adjust from the agreed upon price. Fine. The price was still good even minus that $470 feature. She drove it 800mi home and I find this is not a Limited but what appears to be a SR5 Premium. Either way, it is missing tons (~$4000 based on KBB) of advertised features from the dealer ad on USAA. Needless to say, I am super pissed at the dealership as this takes the price from excellent to just OK but certainly not worth airfare, hotels, and a two day journey. Sure, maybe I could have noticed something in a picture or she should have recognized, but most of these features are not obvious when missing (eg heated mirrors, seat/mirror memory, multizone a/c, cooled seats, remote start), but this was blatant false advertising since this was not just a typo with the trim but many features advertised falsely.

What I think would be the best outcome and what I think we deserve is a partial refund. What is my best approach with the dealer to achieve this?

 

[VolksDragon]

The Limited and SR5 look totally different. Did they post pictures in the ad you saw?

Not to be critical, but the very moment something in the deal wasn't right, she should have stopped and called you to confirm. The difference between the two trucks is immediately apparent.

If she had raised concerns about the "Limited" ad before signing, they might have negotiated, but now that you've taken delivery, if that ad is taken down, you might not be the best position. There is no grace period law in AZ. What was the price before taxes? Is it 4WD?

 

[Summit]

She signed yesterday. She just got home with the vehicle.

I have a copy of the ad. USAA emailed it to me (this is a USAA certified dealer).

Price was $31618 yes it is 4WD.

 

[VolksDragon]

She signed yesterday.

I have a copy of the ad. USAA emailed it to me (this is a USAA certified dealer).

Price was $31618 yes it is 4WD.

It's worth a shot to print the ad to PDF, and call the sales manager and very politely explain your situation, asking for a partial refund based on the error. If the stock number and VIN are the same, and they incorrectly listed it as a Limited, you might have some room to negotiate.

I'm not optimistic, though...she inspected the truck, signed and took delivery.

That sucks...although 31,600 isn't a bad price for an SR5P, depending on mileage.

 

[bamma]

The Limited and SR5 look totally different. Did they post pictures in the ad you saw?

Not to be critical, but the very moment something in the deal wasn't right, she should have stopped and called you to confirm. The difference between the two trucks is immediately apparent.

If she had raised concerns about the "Limited" ad before signing, they might have negotiated, but now that you've taken delivery, if that ad is taken down, you might not be the best position. There is no grace period law in AZ. What was the price before taxes? Is it 4WD?

You didn't have detailed pics sent before traveling? The limited is AWD (looks like you bought a 4wd according to your sig)

 

[Toyota4runner_9]

Am I getting screwed by the dealer?

I have a 2013 limited 7 row runner. I took it in to see what my trade value was and they gave me the answer of 30000!!!! I near puked because I have seen 2013's for sale pretty much the same as mine for 36500 . I'm looking to get in a 2014 they have there for sale at 43900 which is over priced by 3900 IMO. What is my 4 runner actually worth? Kbb says high end 36900 and low 33000.

 

[bamma]

Just looked at the USAA site. Each ad I saw states:

"Features and options are descriptive of what can be expected on the vehicle. Actual options should be verified by the customer and dealer."

Not sure you have any recourse.

 

[rrroae]

I have a 2013 limited 7 row runner. I took it in to see what my trade value was and they gave me the answer of 30000!!!! I near puked because I have seen 2013's for sale pretty much the same as mine for 36500 . I'm looking to get in a 2014 they have there for sale at 43900 which is over priced by 3900 IMO. What is my 4 runner actually worth? Kbb says high end 36900 and low 33000.

I just got a 2017 4Runner limited 5 seater for $40,000(sticker $44,600)and they gave me $27,000 trade in for my 2015 Toyota Tacoma that had 33,ooo miles and had an original sticker of $34,600.

I think you can do better.

 

[(none)]

tldr; vehicle is missing about $4000 in dealer advertised features... how do I get it set right?

Found a used 4runner Limited for a great price on USAA's car buying service from an Arizona dealer (US manufacturer, not Toyota, vehicle was a trade in). When I called them, they wouldn't budge on price because they said it was the best price around for that vehicle and they had to price it that low because of low interest... OK... fine... the price was great for the Limited with options, so we agreed and I put a deposit.

I couldn't go so wife flew down. It was in great condition, but she noticed a missing feature, and they still wouldn't adjust from the agreed upon price. Fine. The price was still good even minus that $470 feature. She drove it 800mi home and I find this is not a Limited but what appears to be a SR5 Premium. Either way, it is missing tons (~$4000 based on KBB) of advertised features from the dealer ad on USAA. Needless to say, I am super pissed at the dealership as this takes the price from excellent to just OK but certainly not worth airfare, hotels, and a two day journey. Sure, maybe I could have noticed something in a picture or she should have recognized, but most of these features are not obvious when missing (eg heated mirrors, seat/mirror memory, multizone a/c, cooled seats, remote start), but this was blatant false advertising since this was not just a typo with the trim but many features advertised falsely.

What I think would be the best outcome and what I think we deserve a partial refund. What is my best approach with the dealer to achieve this?

Post some pictures of this thing. Sounds like you went in uninformed and then sent your wife to retrieve it. Where are the screenshots of the online ad?

 

[Summit]

Ad (removed dealer info etc since I haven't discussed with them yet)

You didn't have detailed pics sent before traveling? The limited is AWD (looks like you bought a 4wd according to your sig)

It's RWD/AWD/4WD depending one what you dial in as I'm sure you know it is listed as 4WD

 

[calcrc]

Add (removed dealer info as it isn't fair to do that since I haven't discussed with them yet)





It's RWD/AWD/4WD depending one what you dial in as I'm sure you know it is listed as 4WD

The front doesn't look like a Limited :/

 

[_#1_]

Ad pic is sr5.

I see stuff like this on autotrader as well.

Dealers either don't know what the heck they're selling or some sort of mix up.

 

[FourEyedWilly]

I have a 2013 limited 7 row runner. I took it in to see what my trade value was and they gave me the answer of 30000!!!! I near puked because I have seen 2013's for sale pretty much the same as mine for 36500 . I'm looking to get in a 2014 they have there for sale at 43900 which is over priced by 3900 IMO. What is my 4 runner actually worth? Kbb says high end 36900 and low 33000.

Seven rows?! Awesome! Limo!! I'm just yanking your chain. :yield:

That pic is of an SR5. If the VIN numbers match ad to your vehicle I would have a long discussion with them about returning the vehicle even though it would be an enormous pain in the arse or have them source you a true Limited which is what is sounds like you wanted and trade. I don't know if they have a cooling off period in the state in which you purchased but something to look into. It just all depends on what you want. You got a decent deal, but not the great deal you were originally thinking. I doubt it's an SR5 Premium with tan interior. Trail Tex only comes in black no? Or is there a Premium with cloth? I have a TEP.

 

[Engineer]

I will assume that is an actual photo of the truck or that the truck in your garage looks like that , as already stated that is clearly a SR5 trim 4runner.

Your best option is going to be polity explaining to the dealer what happened and depending on their response try getting USAA involved. As someone already mentioned USAA has a disclaimer so the only reason I image they would get involved is if the dealer provides you rude/poor customer service (by the way just telling you sorry sir, your wife inspected and signed for the car does not equal poor service it equals the facts)

If those are the photos you saw and the truck you expected I think you would have been more shocked has she pulled up in a limited trimmed 4runner(they look nothing like the SR5/Trail(now TRD Offroad)/TRD Pro Trim

Personally If you paid a fair price for the actual truck you got I think chalk this up to a life lesson. With that photo and a couple hours of research you should have known something was off and that it was not a limited just off the looks. I do understand not everyone is a T4R.org member or enthusiasts but you spent almost 40k on something, it deserves your attention unless you are independently wealthy then in that case, go nuts.

SR5's are not AWD you have a part time 4x4 system

Its still a 4runner and a solid vehicle regardless of the trim

 

[BlackWorksInc]

You didn't have detailed pics sent before traveling? The limited is AWD (looks like you bought a 4wd according to your sig)

Technically the Limited is All-Time 4WD, AWD is slightly different.

As to the OP, I would think it'd fall under false advertising... but I am not sure. That picture is an SR5, Limiteds have that ugly chrome bar.

 

[Summit]

It's not that she was set on a LTD, but she did want certain features (eg keyless start) which she will now have to pay for.

Further, the issue was that price vs advertised features and trim justified going to AZ to get the vehicle... and that was false. Had we realized all those features and value were missing, there was a similar vehicle (to what we actually got) for lower price with less mileage 45 minutes away and without the addition of airfare, taxis, hotels, two tanks of gas, and two days of driving.

So returning at this point would likely cost me as close the difference. Mistakes on our side are apparent, but I still feel wronged here because the negotiated price was made based on false information. I agreed to a higher price because I thought it had features it did not. They refused to drop the price because they thought the vehicle was more valuable than it was. I'll take the advice given and contact the dealer GM, see what they will do, and go to USAA depending to see what they will do. The contract small print does not offer any clause specifically or generally protecting the dealer from mistakes in advertising.

So getting technical for the moment, disregarding the ability to go to RWD or lock the center, how is a T4R in "4H" with an unlocked center functionally different from AWD?

 

[bofa]

Thats pretty terrible man... bad research on your part and bad on the wife for not discussing those features with the dealer. I would call the dealer and politely discuss it with them to see if they will work with you. It doesn't sound like USAA will be of much help. Really the only thing you have going for you is the ad. If they stonewall you, you can try filing a compliant with the AG in AZ and BBB. But since your wife had a chance to inspect the vehicle and signed, I doubt there's much you can do. Hopefully the dealer will work with you.

The good news is its still a 4R. Try to enjoy it.

 

[bamma]

AZ does not require a buy-back period. The only potential fraud I see is the ad itself. You could argue bait and switch, or argue they induced you to travel there based on a misrepresentation. Not sure what AZ law is on this, but since you bought the car I doubt you'd find a sympathetic finder of fact to side with you. If it was a Toyota dealer it may be easier to argue, but being a Ford dealer, they will be able to plead ignorance rather than fraud.

Once your wife looked at the car, unless they had limited badges etc. to make you think it was a limited, there simply is no fraud as to the purchase.

Kind of a shitty situation. Does the dealer have any businesses or other contacts in your state? If so you could try your state's small claims. If not your case will get booted due to a lack of personal jurisdiction and tou will have to try your luck in AZ small claims (hope for a sympathetic judge).

What does the purchase contract say about returns or disputes?

Good luck, hope you get a fair resolution.

 

[Summit]

not the great deal you were originally thinking. I doubt it's an SR5 Premium with tan interior. Trail Tex only comes in black no? Or is there a Premium with cloth? I have a TEP.

These are tan leather... if it isn't a SR5P is it a SR5 with many options? (nav, camera, seat heat, moon roof)

Reposted the pics because they were messing with the formatting

 

[bofa]

Leather can be dealer added. Run the VIN and you should find out what you need to know.