property vehicle utah arbitration
How do I dispute a correction after buying a car that was not as advertised?
<p>I recently bought a 2014 Toyota Prius c in Ogden, Utah, USA. It was listed on the dealership's site and sold to me as a Prius c Four, which is the high-end trim with features like a reverse camera, one-button start, heated seats, etc.</p>

<p>While looking at it, I noticed the reverse camera I was expecting were missing, and mentioned to the salesman that I thought the c Four trim had one. He went to verify that it was indeed a Prius c Four, and returned and verbally affirmed that it was a Prius c Four rather than a One or Two. I figured I must have misunderstood something during my research and didn't think much of it.</p>

<p>To buy this car, I took out a loan for about $14,000 from my credit union. I've been with this credit union for several years. I was told my credit union has some sort of partnership with the dealership for financing.</p>

<p>When I got it home I spent some time familiarizing myself with the various controls, and it became clear that more than just the camera were missing. I finally ended up entering the car's VIN into Toyota's site, and discovered that the automobile is in fact a Prius c Two.</p>

<p>I contacted the dealership about this, and they did whatever they do when there's a problem like this. I was told a day or two later that they had bought it from another dealership incorrectly-coded as a Prius c Four, and they were working with the other dealership to come to a solution.</p>

<p>I did some more research, and found that when new a 2014 Prius c Two sold for about $4,000 less than a 2014 Prius c Four. Scaling the price to what I bought the car for, I should reasonably expect a price difference close to $2,000 between the two trims with identical mileage and wear &amp; tear.</p>

<p>Today I got in contact with the salesman again, and he told me that they had sent me a check for $500.</p>

<p>TL;DR: I was sold a car as a higher-end trim than it actually was, and after contacting the dealership they have mailed a check for much less than the price difference between the two trims.</p>

<p>In my mind a fair resolution would be either refunding the actual difference in value between the two trims, or replacing the car I drove home in with another Prius c which is actually a Four trim with similar mileage and wear &amp; tear. I am certainly not willing to accept the small amount they're sending.</p>

<p>How do I go about contesting this "solution"? What are my options?</p>

<p>At contract law you have a common mistake as to character or value - you both (mistakenly) believed the car was a Prius C four. This is not ground for voiding the contract or damages.</p>

<p>However, because your belief was a direct result of a (mis)representation of the dealer, it is possible that the make of the car became a term of the contract: this would entitle you to sue for damages (i.e. the difference in value between a four and a two) but probably not to void the contract - since you were willing to buy the car you saw, the difference between a four and a two could not have been such that it would have prevented you from entering the contract.</p>

<p>Even if it is not a term of the contract, it is probably actionable as deceptive conduct under relevant consumer protection law (innocent misrepresentation is generally captured). Or under negligence as a negligent misstatement.</p>

<p>Thank them for the cheque and tell them that you do not accept it as full and final settlement of the dispute and tell them what you will expect.</p>
