[net.legal] advice sought on car dealers & claims

dck@houxj.UUCP (D.KWONG) (11/20/85)

I had put down $500 deposit 3 months ago for a basic Toyota Corolla model.
They told me yesterday that all Corolla's will now only come with
power steering (and that I would have to pay for this option).
Does anyone know if this is indeed Toyota's new policy,
or are they lying?
Should I take them to small claims court to get my deposit back?
What are my chances in such a court?
Anyone know what the max claim limit is for NJ?
Any info would be appreciated.  Thanks in advance.

haral@ttidcb.UUCP (Haral Tsitsivas) (11/24/85)

In article <555@houxj.UUCP> dck@houxj.UUCP (D.KWONG) writes:
>I had put down $500 deposit 3 months ago for a basic Toyota Corolla model.
>They told me yesterday that all Corolla's will now only come with
>power steering (and that I would have to pay for this option). ...
>Should I take them to small claims court to get my deposit back?
>What are my chances in such a court?

Your chances are good if you can provide reasonable proof that
the basic model you put your deposit against did not have the power
steering option.  Under this circumstanses the contract is void
and a refund is due to you.  However, this depends on what you have
signed.  If the transaction is an offer, 3 months is the maximum
reasonable time allowed for acceptance of the offer in which case
you should get your money back anyway.   If the transaction is a
contract then read the fine print for grounds of breach of contract
(i.e. substantial change in the terms of the contract).  

--Haral Tsitsivas
...!{randvax, philabs, vortex, trwrb}!ttidca!haral

stubbs@ncr-sd.UUCP (Jan Stubbs) (11/25/85)

In article <555@houxj.UUCP> dck@houxj.UUCP (D.KWONG) writes:
>I had put down $500 deposit 3 months ago for a basic Toyota Corolla model.
>They told me yesterday that all Corolla's will now only come with
>power steering (and that I would have to pay for this option).
>Should I take them to small claims court to get my deposit back?

Since you agreed to buy a basic model, and they can't deliver, they have
breached the agreement. My guess is that they will willingly give your deposit
back, but if not you are sure to win in small claims.

Jan Stubbs sdcsvax!ncr-sd!stubbs

dck@houxj.UUCP (D.KWONG) (11/28/85)

First, I want to thank the many people who answered my initial 
question on how to deal with car dealers. Here's a quick summary:
1) They tend to be willing to return your refund.
2) If not, write the dealer a letter asking for the refund back.
	And send the letter certified with a return receipt.
3) If still no action, threaten the dealer with calling the BBB
	and the county's Attourney General's office.
4) Finally, involve a lawyer and/or bring them to small claims court.
	The max for small claims court seems to depend on the county.
In my case, the Toyota dealer says the most basic Corolla model 
he can get is (when what I ordered doesn't have the options):
	$7870	'86 Corolla (5-spd) incl tax + charges
	$ 530	options (P/S, AM/FM, cloth interior) incl tax
	-----
	$8400	total
In this case, the Toyota salesman said he is willing to return
my refund if I don't want the car with the extra $$ options.
What do you think?  Is $8400 a reasonable price for such a Corolla?
Please send opinions to ..!houxj!dck.