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Post by cherokeefan on Dec 22, 2009 22:52:14 GMT -4
keep on them. i work for a dealership and there are clauses and insurance for situations like this with auction cars. the dealer should be able to recover the losses and help you out if they are honest.
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Old Yeller
Jeeper
Its... sitting next to my garage. Poor girl.
Posts: 2,890
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Post by Old Yeller on Dec 23, 2009 0:27:09 GMT -4
The rubicon name is there to tell you certain things have been upgraded. I'd be pissed if I bought a car advertised as a turbo, and find out the turbo has been removed, or buy a v8 truck and find that a v6 has been swapped in its place.
My examples may seem a bit drastic, but the idea is the same. Regardless if the dealer knew it or not, they sold you something other than what was agreed on, which means false advertising, and I don't believe that is legal. At the very least, they should eat the problem by either taking the return, or reimbursing you some amount of money.
What a crappy situation. Let us know if you get somewhere with this. Good Luck!
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iwonajeep
Jeeper
Jeepin is tasty says Buddy
Posts: 961
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Post by iwonajeep on Dec 23, 2009 6:22:49 GMT -4
This is true, they do have some liability in your situation unless you bought it "AS-IS". You can go here for help; www.bbb.org/canada/keep on them. i work for a dealership and there are clauses and insurance for situations like this with auction cars. the dealer should be able to recover the losses and help you out if they are honest.
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Dave
Jeeper
Posts: 623
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Post by Dave on Dec 23, 2009 8:09:15 GMT -4
I work at a used car dealer and i can tell you that should have been fixed for you thats bold for them to tell you to bad because word of mouth gets around if you get a good deal 10 people may hear about that good deal but if you get screwed like that a lot more will hear about that bad deal.I would fight tooth and nail and put the word out to every one you know or do an add in the paper in that area I'm sure they wont like that.
Good luck. Dave
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Post by Blaisun on Dec 23, 2009 8:22:37 GMT -4
Make written notice to the dealer immediately! preferably through a lawyer but at a minimum through registered mail. The consumer protection laws require that notification of defect be completed prior to 60 days from date of purchase (this of course will vary from province to province, unsure of new brunswick). It will only improve on your options down the road when its time for the remedy, like return for full refund or difference in value.
I think you have a good argument. The seller is responsible to provide the item as represented, and it was represented as a Rubicon by both the VIN and Rubi sticker on the hood. Product labeling does matter. It is their duty as a professional vendor to know what they are selling.. it would also be beneficial if you could get any copies of/if any advertising they did on the jeep portraying it as a Rubi..
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KAC
Jeeper
Diesel Zuk
Posts: 567
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Post by KAC on Dec 23, 2009 8:46:52 GMT -4
The province of NB has a law that you have 30 days to return a car if it is not what you want or thought you were buying...i asked my boss(honda dealer ) in amherst.he said get a lawyer...they have to take it back...
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Creepy
Administrator
Dartmouth
Posts: 18,718
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Post by Creepy on Dec 23, 2009 8:51:22 GMT -4
promise to shut up for a set of ARB's What a kick in the nuts. I like Cindy's repo thoughts, sounds like a likely senario. that's how I got my LJ softtop, some guy on kijiji didn't give it back with the lease, then sold it to me. Not as drastic as your situation, but the same. People do this stuff. They have no money, and lots of time. Most likely the dealer is not really at fault.....look around the property for lifted Jeeps, and check the axles!
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Dugie
Jeeper
Posts: 1,606
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Post by Dugie on Dec 23, 2009 9:00:34 GMT -4
I might have an extra Rubiclone decal kicking around somewhere if your interested? Rubicons are over rated anyways.
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Post by Blaisun on Dec 23, 2009 9:14:28 GMT -4
The province of NB has a law that you have 30 days to return a car if it is not what you want or thought you were buying...i asked my boss(honda dealer ) in amherst.he said get a lawyer...they have to take it back... Sorry, incorrect. Ref: NB Justice and Consumer Affairs FAQ www.gnb.ca/0062/Rentalsman/CA/faqs-e.asp"Is there a 30-day law that allows me to return a car? No. There is no law that requires a car dealer, or a seller of any product, to refund your money within 30 days of making a purchase. It is the consumer's responsibility to ask any seller what their return policy is, and further, what type of warranty or guarantee is offered. Based on that information, the consumer can make an informed purchasing decision." *Edit* I still think that they should, as they are responsible to provide the vehicle as advertised... but they are not required to by a "30 day money back guarantee" law...
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Post by tothewall on Dec 23, 2009 9:56:08 GMT -4
I might have an extra Rubiclone decal kicking around somewhere if your interested? To quote a great man: I don't care who you are, that's funny right there.
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Post by crazyfrog on Dec 23, 2009 10:37:54 GMT -4
Take it to a jeep dealer have them inspect it make a list of missing part an the cost involved to return it to a Rubicon, and get the dealer to provide you with the difference in price between the base Lj and the Rubi , take that to your lawyer it will give him a starting point.
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Post by Canyon on Dec 23, 2009 11:13:59 GMT -4
Thanks for all the support. I have an appointment to see a lawyer on Monday. We will see what he has to say and go from there. I would love to put the Rubiclone sticker on it but I will wait to see where this goes before I do anything to the vehicle.
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Post by jeepfever on Dec 23, 2009 13:07:53 GMT -4
Normally this is what happens when you buy a vehicle out of somebody's driveway not from a "reputable" dealership. It does sound like a Repo, somebody defaulted on the payments and swapped the Rubi axles out before it was towed away to screw with the bank. The dealership should have made you aware of the fact that it was an auction buy not a trade in. I know it was a Hyundai dealership but they must have known the lockers didn't work, c'mon now. My advice is to be persistent, don't give up and to act now before any time limit expires. Demand that they either give your money back or make the lockers work. That should be interesting Also have your lawyer contact Hyundai Canada. I'm sure they'd be interested in one of their dealers acting shady. Oh, one last thing. Does anybody remember that Rubicon Sport TJ for sale on Kijiji earlier this year? Yeah right, a 4 cyl Rubi ;D Another case of somebody slapping a new sticker on their Jeep
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4X4PLAY
Elite
~ P.O.R.N. FOR SALE ~
Posts: 11,763
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Post by 4X4PLAY on Dec 23, 2009 13:42:51 GMT -4
I get pissed off just reading this, I could imagine how you feel, I would feel as violated as if someone broke into my house a stole from me. Going to see your lawyer is the best thing you can do but I would take "Crazyfrog's" advice and go there with all the #'s of how much a Rubi would be in compared to a stock LJ and how much it would cost to purchase the Rubi axles (w/ lockers) and have them installed, it will prolly save you a few dollars in a visit with the lawyer who will prolly tell you to do just that before you continue. Best of luck!
Jeff
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Post by Action on Dec 23, 2009 14:08:04 GMT -4
When you bought the Jeep did it come with any warranty? If so take it back to the dealer and tell them the locker does not work and that it needs to be fixed and lets face it, how are they going to fix it since it is missing parts. I would also contact the local news, they would love to hear about this sort of thing. Good luck.
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