Dealer Breach of Purchase Contract

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lrdvdr41

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I purchased a 2015 Dodge Grand Caravan in October 2014. As part of my sales contract, the dealer is supposed to install a factory roof rack. It is included on the we owe/you owe statement, and I was charged an extra $150 for it. Thedealer was supposed to call me when the parts were in so that I could schedule a service appointment to come in and have it installed. After nearly a month, my wife called them to check on the status and was told that there was no order in the system for the roof rack, but the parts guy told here he would call back after he looked into it. When he called back, I answered and was told by him that they could not install a roof rack on my van because of the wiring for the airbags in te headliner. Chrysler sells brand new 2015 Dodge and Chrysler minivans with the factory installed roof rack, so it can be installed, but may be more time intensive than they would like. I absolutely NEED the roof rack, as I use the one on my 05 when I go on vacation and for hauling long pieces of lumber. I would not have purchased the vehicle if I had been told I could not get the roof rack. Can I return the vehicle to them if they refuse to install the roof rack as stated in the contract? I have not made any monthly payments yet.
 
lrdvdr41 said:
I purchased a 2015 Dodge Grand Caravan in October 2014. As part of my sales contract, the dealer is supposed to install a factory roof rack. It is included on the we owe/you owe statement, and I was charged an extra $150 for it. Thedealer was supposed to call me when the parts were in so that I could schedule a service appointment to come in and have it installed. After nearly a month, my wife called them to check on the status and was told that there was no order in the system for the roof rack, but the parts guy told here he would call back after he looked into it. When he called back, I answered and was told by him that they could not install a roof rack on my van because of the wiring for the airbags in te headliner. Chrysler sells brand new 2015 Dodge and Chrysler minivans with the factory installed roof rack, so it can be installed, but may be more time intensive than they would like. I absolutely NEED the roof rack, as I use the one on my 05 when I go on vacation and for hauling long pieces of lumber. I would not have purchased the vehicle if I had been told I could not get the roof rack. Can I return the vehicle to them if they refuse to install the roof rack as stated in the contract? I have not made any monthly payments yet.
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Read your contract and all other purchase documents.
In some cases, a car can be returned during the period BEFRE the 1st payment is made by rescinding the contract. That isn't always the case, and YOUR contract controls.
Speak to the lender and see what they advise about your loan.
If you can return the car, you'll be charged for wear and tear, mileage, and in some cases depreciation.
In other words, after doing a cost benefits analysis, it might not be a smart financial move.
That said, you are owed for the rack.
In your case, is there a reason this can't be done in the aftermarket?
It might be something best done at build time in a factory on the line.
I'm not smart enough to know.
But,I bet you can endeavor to find out.
 
You can go talk to them, and perhaps they will agree to let you out of your contract and swap out to another vehicle. They can if they want to, but more than likely this situation is not sufficient to force them to let you out of your financing contract. Yes the dealer is in breach of promise. That is separate from your financing agreement. At minimum they owe you the $150.00.
 
lrdvdr41 said:
The fact of the matter is that they are not fulfilling there end of the deal. I want what I paid for.
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There's nothing we can do for you but offer information.

Bottom line, people don't respond well when pushed.

You can tell the general manager or owner what it is you seek.
It's best to be polite, remain calm, offer a rational explanation, and ask for a specific solution.

He or she can agree, or disagree.
If he or she disagrees, it's off to court you must go.
Before that occurs, you must file a lawsuit, serve the dealer, await their response, and the court will set a date to hear the case.
Generally, that can be six weeks to as much as three months, maybe longer.
The day arrives, delays and continuances can be granted, eventually you tell the judge your story.
If its small claims court, and you prevail, you'll get a $150 judgment.
Then you perfect that judgment and try to collect.

A small claims court can't order the dealership to install the rack.
The district or county court can possibly order that, but if it can't be done outside the factory, it won't happen.

I only buy factory installed items because I've seen too many people suffer your fate, only to get 50 bucks, a hundred bucks, or whatever bucks refunded to them. Or,they get a botched, glitched, installation.

Good luck.
 
If the retail price is $270, then the wholesale would be about $150.
Seems he was offering at his cost.
 
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