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Nemet - Advertising Claims

Nemet Automotive • Changing prices • Lease terminations • Extended warranties • Advertising • Honoring court judgments

Buying a used car is always tricky business and it's not unusual for cars to be a bit less perfect than one expects. If the car is bought "as-is," there's not much recourse.

However, if a dealer advertisers a car at a certain price, it is obligated to honor that price unless it has clearly disclosed that the price applies only under certain conditions. Does Nemet know this?

Kevin of Palisades Park NJ (3/25/03):
I recently purchased a used 2000 Volkswagen GTi at this dealership. I was sold a car which had manual seats and a worthless, non-working car stereo with a missing amplifier, even though they had "Power Seat" and "AM/FM/Cassette/Stereo" listed as included options on the original window sticker as well as on their own online for-sale ad. Adding to my bad experience at this dealership, the financing manager refused to accept my low interest E-Loan as payment for this vehicle, telling me that they would not sell me the car unless I financed it through their own lender, at a higher interest rate.

Then on another occasion, the sales manager told me I had no claim because the financing contract which I signed would override anything else, including the Buyer's Guide window sticker. Having done my research, I notified the sales manager that according to the Federal Trade Commission, the window sticker becomes a part of any contract upon purchase of the vehicle and overrides any contrary provisions. He suddenly agreed with me.

A vehicle which they had labeled as being in "EXCELLENT CONDITION" and had been "inspected" and "certified" had a broken glove box door, no power seats when it was advertised as having them, and missing the factory amplifier which would have powered the car stereo, basically making the stereo head unit worthless. This is misleading and false advertising by NEMET Autocenter. There was no way that I could have reasonably known that the stereo was not functional, since at the time of the test drive and purchase of the vehicle, the sales person did not have the security code for it.

I requested that they either refund the cost of what it would take me to replace and repair all of these missing and broken parts, or to provide me with a suitable replacement for them. They offered me $300 in compensation. I wonder how many car dealerships out there would charge as little as $300 for an option package including power seats, car stereo and replacement of a broken glove box door?

Kevin should file a complaint with the Federal Trade Commission and the New York Attorney General.

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