Potential for a lawsuit? - Page 2 - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

wullger · 08-13-2009, 01:09 PM

You have to take into account that the dealer may not -know- the information is incorrect. Places like that probably just copy/paste from a little brochure.

BBQTriAngle · 08-13-2009, 01:09 PM

There maybe a disclaimer on the advertisement.. but if there is not it wouldn't be worth the legal action. Most likely they would have to retract the ad and at most include some kind of statement regarding past advertisements. If you purchase the vehicle I would expect that the proper stats would be on the signed agreement. my .02

greenrail · 08-13-2009, 01:25 PM

By no means am I condoning lying and deceit. I, on the other hand am not on the page about threatening to "sue" for every thing possible out there.

THat is why we have disclaimers on everything.

Example:

Buy a cup of coffee at McDonald's - On the cup you will see something to the effect of:

"This Cup contains a Hot Liquid....."

Oh Duh!!!!!!!!!!!!!!!!!!!

When we threw common sense out the window, we opened up this nation to an endless stream of frivilous litigation.

Mopre than likely the dealer has no idea what the vehicle has or is capable of. THey counted on a similarly uneducated person to rpovide copy for an ad. THe correct solution is for the dealer to be contacted by an appropriate party knowledgable on the subject and informed of the disparity.

A concientious party would take care of that in a heartbeat.

Much more reasonable solution to a perceived problem than "Let's sue the bastard!"

ssump29 · 08-13-2009, 01:30 PM

Quote:

Originally Posted by wullger

You have to take into account that the dealer may not -know- the information is incorrect. Places like that probably just copy/paste from a little brochure.

And if they do that they should get sued for taking the lazy way out instead of doing what they need to do. The dealer needs to do there on research before putting stuff up for sale and charging for something thats not on the car. It's not ok in the business world to just say whatever and use something else when it may or may not apply to you. Thats the risk they take by not doing whats right.

MrIcky · 08-13-2009, 01:42 PM

You can sue, but I don't see what your damages would be. I think your burden would be to prove that by the false advertising, you were diminished somehow-either in the enjoyment of life or in increased depreciation. I think those arguments would fail miserably because it's easy to prove that the auto is enjoying good sales and you wanted the auto. So you'd be suing for some sort of declaratory action to cause a retraction and reprint. With no damages, you likely wouldn't be reimbursed fees.

So my off the cuff answer is: if you are bored and have money floating around sure you can do it. Of course, I could always be wrong.

Buckbo · 08-13-2009, 01:52 PM

Didn't GM get sued a few decades ago for crossing division lines with their engines. Chevy buyers expected Chevy engines not Olds or Pontiac. If it's not what they are claiming they can be sued.

ShnOmac · 08-13-2009, 01:59 PM

Someone could just walk up to the dealer and ask them if they know the info is false..............Im just sayin

Rockytophummer · 08-13-2009, 02:06 PM

I think the most you would get would be the money back you spent for your car. It's not really worth it. I don't think you can claim pain and suffering. But if you don't want your car then sue I'm sure you can get your money back but your lawyer is going to keep some of your money for wasting his time. If it makes you mad I'd just take out ad in paper and post how the dealer is is lieing and dishonest. But I don't think you will ever find a dealership that is going to be 100% truthful. Cause even ifDealer is trying to be honestwith you if he don't know the awnser he is probably going to just make up something. Heck my salesmen told me that my car which is auto L99 he said it had 426hp because it was suposed to be fastest. And I think it was honest mistake since I got the 3rd SS my dealer had ever got and probably 1st one he really tryed to sell. Go figure you read in magazines were auto is suposed to be tenths of a second faster wouldn't you assume it had the most horse power especially considering manuals have always outrun auto's most of the time anyways. But anyways just thought I'd throw my 2 cents in. If you do sue keep us posted on wether you win money lose money to your lawyer.

Beefman · 08-13-2009, 02:12 PM

"Let the buyer beware". I agree that there probably is some form of a disclaimer in fine print. Since the buyer is the final person to sign the paperwork I would hope that they go over the listing of options as they are going to charge the buyer accordingly. I'm not taking sides but not all sales people are as educated as they should be snd I really don't believe that the selling of the car is done in a deceptive manner. The bottom line is YOU control what YOU do. If you don't like it don't buy it. The consumer has some responsibility also. That is my 2 cents worth. Have a good one.

Fast Eddie · 08-13-2009, 02:22 PM

Quote:

Originally Posted by LikaRokBowTie

I'm seeing Camaro's for sale in those used/new storefront dealers,some may know what I'm talking about,so anyway I have seen some ads where they are misrepresenting what the car has mainly an auto trans. with the 426HP and sometimes as having the RS pkg.,when we all know the 426 is a manual,and the SS emblems are red with RS and white without,if you purchased a car that was sold like that is there any legal recourse?

What are you talking about

The LS3 comes in auto or manual, not just manual. You are right about the emblem colors but what does that have to do with anything? If you are talking about a picture w/o the RS and a car advertised as having the RS package its probably a stock photo with a disclaimer something like "Actual product may vary from picture". They do it all the time. Why pay for a photo shoot of the car when GM has tons of pre-approved, zero cost photos they can use for advertising. As for RS vs. non-RS, look at the window sticker. If its going as a used car, its buyer beware, which is typical.

GTAwheelman · 08-13-2009, 02:32 PM

you know some consumers expect the dealer to be their source of info. if the dealer tells someone that the Camaro on the lot for $50k is an 2SS with a RS package and 426hp A6, why would that person not believe them?

when i go to an auto parts store i expect the person behind the counter to know what they are selling, so why are car dealers different?

BTW fast eddie no the ls3 doesnt come with in Auto or manual. it only comes with the manual, the L99 is what comes with the auto.

knowitman · 08-13-2009, 03:37 PM

Quote:

Originally Posted by Fast Eddie

What are you talking about

The LS3 comes in auto or manual, not just manual.

LS3 = 426 hp = Manual Transmission
L99 = 400 hp = Automatic Transmission

08-13-2009, 01:09 PM	#15
wullger Supercharged Drives: 2010 Camaro 2SS/RS Join Date: Apr 2009 Location: Tyler, Texas Posts: 1,575 View My Garage	You have to take into account that the dealer may not -know- the information is incorrect. Places like that probably just copy/paste from a little brochure. __________________ 2SS/RS IBM A6, White Rallies Ordered: 4/30/09 Delivered: 8/18/09 Appearance Mods: Heritage Grille, ZL1 Replica Wheels Performance Mods: Flowmaster ARH Cat-Back Exhaust, ADM CAI, ADM L99-LS3 Conversion, ADM LSA Supercharger Kit, Lingenfelter GT9 Cam, Stainless Power Headers, Detroit Speed Sway Bars, ZL1 Fuel Pump 581 rwhp/535 lb/ft tq

08-13-2009, 01:25 PM	#17
greenrail Comic Curmudgeon Drives: 2010 Camaro 2SS-2010 VW CC Sport Join Date: Mar 2008 Location: Near Chicago, IL Posts: 2,392	By no means am I condoning lying and deceit. I, on the other hand am not on the page about threatening to "sue" for every thing possible out there. THat is why we have disclaimers on everything. Example: Buy a cup of coffee at McDonald's - On the cup you will see something to the effect of: "This Cup contains a Hot Liquid....." Oh Duh!!!!!!!!!!!!!!!!!!! When we threw common sense out the window, we opened up this nation to an endless stream of frivilous litigation. Mopre than likely the dealer has no idea what the vehicle has or is capable of. THey counted on a similarly uneducated person to rpovide copy for an ad. THe correct solution is for the dealer to be contacted by an appropriate party knowledgable on the subject and informed of the disparity. A concientious party would take care of that in a heartbeat. Much more reasonable solution to a perceived problem than "Let's sue the bastard!" __________________ Member Illinois Camaro Club His Name is Rosie - "Speak Softly and Carry a Big Stick!" - If you know who said that, then you know the genesis of his name.

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08-13-2009, 01:09 PM	#16
BBQTriAngle Drives: 2010 IBM SS/RS Join Date: Aug 2009 Location: NJ Posts: 87	There maybe a disclaimer on the advertisement.. but if there is not it wouldn't be worth the legal action. Most likely they would have to retract the ad and at most include some kind of statement regarding past advertisements. If you purchase the vehicle I would expect that the proper stats would be on the signed agreement. my .02

08-13-2009, 01:42 PM	#19
MrIcky Drives: Dodge Ram Megacab & Cobalt SS Join Date: Sep 2008 Location: Boise Posts: 1,536	You can sue, but I don't see what your damages would be. I think your burden would be to prove that by the false advertising, you were diminished somehow-either in the enjoyment of life or in increased depreciation. I think those arguments would fail miserably because it's easy to prove that the auto is enjoying good sales and you wanted the auto. So you'd be suing for some sort of declaratory action to cause a retraction and reprint. With no damages, you likely wouldn't be reimbursed fees. So my off the cuff answer is: if you are bored and have money floating around sure you can do it. Of course, I could always be wrong.

08-13-2009, 01:52 PM	#20
Buckbo Drives: 2010 Camaro Join Date: Jan 2009 Location: Wilmington,Delaware Posts: 430 View My Garage	Didn't GM get sued a few decades ago for crossing division lines with their engines. Chevy buyers expected Chevy engines not Olds or Pontiac. If it's not what they are claiming they can be sued.

08-13-2009, 01:59 PM	#21
ShnOmac Drives: 2006 Silverado SS, 2009 G8 GT Join Date: Aug 2008 Location: PNW Posts: 13,313	Someone could just walk up to the dealer and ask them if they know the info is false..............Im just sayin

08-13-2009, 02:06 PM	#22
Rockytophummer Drives: 2006 Hummer H2 2010 2SS Camaro Join Date: Jun 2009 Location: Maryville tn. Posts: 585	I think the most you would get would be the money back you spent for your car. It's not really worth it. I don't think you can claim pain and suffering. But if you don't want your car then sue I'm sure you can get your money back but your lawyer is going to keep some of your money for wasting his time. If it makes you mad I'd just take out ad in paper and post how the dealer is is lieing and dishonest. But I don't think you will ever find a dealership that is going to be 100% truthful. Cause even ifDealer is trying to be honestwith you if he don't know the awnser he is probably going to just make up something. Heck my salesmen told me that my car which is auto L99 he said it had 426hp because it was suposed to be fastest. And I think it was honest mistake since I got the 3rd SS my dealer had ever got and probably 1st one he really tryed to sell. Go figure you read in magazines were auto is suposed to be tenths of a second faster wouldn't you assume it had the most horse power especially considering manuals have always outrun auto's most of the time anyways. But anyways just thought I'd throw my 2 cents in. If you do sue keep us posted on wether you win money lose money to your lawyer.

08-13-2009, 02:12 PM	#23
Beefman Drives: 08 Landcruiser, 07 Denali, Join Date: Apr 2009 Location: Corpus Christi, Texas Posts: 54 View My Garage	"Let the buyer beware". I agree that there probably is some form of a disclaimer in fine print. Since the buyer is the final person to sign the paperwork I would hope that they go over the listing of options as they are going to charge the buyer accordingly. I'm not taking sides but not all sales people are as educated as they should be snd I really don't believe that the selling of the car is done in a deceptive manner. The bottom line is YOU control what YOU do. If you don't like it don't buy it. The consumer has some responsibility also. That is my 2 cents worth. Have a good one.

08-13-2009, 02:32 PM	#25
GTAwheelman Drives: 1985 Camaro Sport Coupe Join Date: Dec 2008 Location: IL Posts: 188 View My Garage	you know some consumers expect the dealer to be their source of info. if the dealer tells someone that the Camaro on the lot for $50k is an 2SS with a RS package and 426hp A6, why would that person not believe them? when i go to an auto parts store i expect the person behind the counter to know what they are selling, so why are car dealers different? BTW fast eddie no the ls3 doesnt come with in Auto or manual. it only comes with the manual, the L99 is what comes with the auto.