New Truck Wasn't "New"

sounds like they stepped up and did the right thing for ya.

 

I did this to myself once. When my wife and I were test driving a CX-5 the salesman wanted to show off the brakes and said to brake hard. Stupid me didn't think to tell my wife not to and she nailed them. The price ended up being right on the car, and we were in the service bay at 500 miles to have the rotors resurfaced.

 

This is the law: https://leginfo.legislature.ca.gov/...division=5.&chapter=4.&lawCode=VEH&article=1.

11705(a)(14), 11713(d), 11713.21, 11713.26 seem to be relevant.

I'm not saying he should go for something like a fraud charge. I wouldn't bring it up unless they decide they want to be jerks.

For those saying "It was a mistake", do you really think dealers make mistakes like this? In a computerized world? They knew or the trading dealer knew and didn't disclose. That's fraud.

 

LMAO @ the impossibility of bringing criminal charges against the dealership.

Yea, OP, tell 'em you don't want to put anyone in jail, but you're gonna need Five Large and a lifetime warranty, with no abuse clause.

If it doesn't work, just call the cops and point at who you want arrested.

 

I guess you've never heard of civil fraud. I don't think the law itself is talking about criminal fraud.

 

I'd walk up with your laws printed out and ask where you can pick up your NEW truck at. If they don't want to make it right, get your full refund and then take your business somewhere else. That's not your fault they dropped the ball and you shouldn't be the one to have to pay for it. Otherwise that's false advertising and they're gunna lose out anyways.

I'd see what they do to make it right first but I think you're at a unique advantage to get a brand new truck and not have to change any payment/loan options. Goodluck. Looking forward to see the outcome of this.

 

Absolutely zero chances of proving fraud of any kind against the dealership.
Had they fudged the paperwork and OP found about it at a later date, while also having the time and funds to pursue it.. Then you'd have a different story.
This isn't that story.

 

I wouldn't want a wife that says "Virgin" but has a history of other drivers if you catch my drift.

 

So according to CA, If I buy and register a truck but never drive it and it has 0 miles on it, It's technically used? Dumb

 

Louisiana is that way too. Once it's registered, its used. There is a certain time limit you can have a withdrawl done, but I dont know how long that is.

 

CO appears to be the same, the only exception is demo vehicles must be under 1500 miles.

I imagine all of the states will be fairly the same.

 

Carfax comes back clean now... but there can be a delay of weeks or even a couple months before some reports show up on it. This can include repairs, accidents, repos, etc. It would really suck to find out about anything like that later down the road. Who knows what happened during those 400 mystery miles? Maybe nothing. But you can't say for certain yet.

Unwind the deal. Get a new one and sleep well.

 

OK, but the law says "In addition, “fraud” and “deceit” include, but are not limited to, a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact", so it doesn't matter if they fudged anything.

 

Exceptionally difficult to prove, it would have to be something provably reckless or complete lack of conern

 

Actually it makes sense if anything is registered legally is owned; so if it is then sold it has had an owner so is used

But dealer transfers are never registered unless the original dealer bought it?

 

To me, owned and used are two different things. A Demo vehicle with 1200 miles on it is considered new, while a vehicle with 0 miles or hours is considered used...

 

Not at all. They sold a used car as new and didn't disclose it. And you don't have to prove anything. You just need to complain to their licensing board and/or state AG about it.

 

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Better buy a stamp, because there's not an AG in the country that would take or return your phone for something this frivolous.

 

It still comes down to the legal aspect of being registered for ownership and if registered it is then owned so if sold after is then used
Now if a dealer transfers there is no registration so is still new because no ownership has begun, just a inventory transfer

 

Hopefully that is what the dealer will propose.