Carmax problem resolved

[MadScientist]

Three months ago I purchased from Carmax a used 2013 Ford Escape SE with 9K miles on it which was listed as having a 2.0L turbo engine. The car now has 12K on it.
When I went to change the oil today I noticed on the emission sticker under the hood that it is has a 1.6L turbo engine.

I spoke to the sales manager at the Carmax I purchased the vehicle from. He admitted that they had listed the vehicle incorrectly but it was priced correctly for the 1.6L engine. He offered to buy back the car and cover all my taxes, doc, and title fees, and if I so choose to purchase another Escape from them with a 2.0L engine from anywhere in the US they would pay the transfer fee, but everything that's in their current inventory with similar options, mileage, and a 2.0L engine is ~$2K more than we paid.

By law is this all they are obliged to do, or should they offer me another 2013 Ford Escape with a 2.0L engine for the price I paid for the 1.6L, or some monetary compensation??? The difference in price between the 2 engines for a new 2013 is $1095.

 

[Kelvrick]

It sounds like they're already willing to make you whole (buy back car and cover all your fees). You already got the car for free for three months.

 

[nickbits]

Sounds like they are being totally reasonable.

 

[michal1980]

I'd say you were screwed, but then I saw the solution offered, and it sounds like your given a do over.

 

[Greenman]

So you didn't get screwed by Carmax. They made a mistake and are offering to make it right. You can do the American thing and try to fuck them out of every penny possible, or you can do the right thing and recognize that they're trying to make it right and work with them toward a resolution that's fair to both of you..

 

[Zenmervolt]

By law is this all they are obliged to do, or should they offer me another 2013 Ford Escape with a 2.0L engine for the price I paid for the 1.6L, or some monetary compensation??? The difference in price between the 2 engines for a new 2013 is $1095.

If you want legal advice about your specific situation, talk to an attorney.

As for what they are obligated to do, generally they are obligated to do what the contract you signed says they are obligated to do. Despite persistent repetition by legal laypersons, there is no "cooling off" period for buying a car in most circumstances so there's no salvation there (and, even if there were, three months is far longer than the mythological cooling off period lasts).

Speaking very generally, courts almost never require specific performance in contract disputes (layman's terms: if the wrong item gets delivered or arrives not as described, the buyer's remedy is to return the item for a full refund, not to force the seller to deliver the "right" item).

For information specific to your situation, speak to an attorney licensed to practice in your jurisdiction.

ZV <-- Licensed attorney. This post is for informational purposes only and does not constitute legal advice. This post does not establish any attorney-client relationship between the poster and the party to whom he is responding.

 

[MongGrel]

FL does have the lemon law, but in this case it would be way beyond that.

And not in FL I guess.

From the sounds of things it seems they are trying to work with ya there.

 

[postmortemIA]

looks like you don't need 2.0T since you were happy enough with 1.6T for a while

 

[Mide]

They are already being very reasonable to allow a buyback. Most dealers wouldn't even blink to tell you to F off even if it was their "fault".

 

[gus6464]

I completely fail to see how you were screwed by Carmax. Maybe I'm missing something? They have invented a time machine and are giving you option of traveling back to before you bought the car.

 

[996GT2]

I spoke to the sales manager at the Carmax I purchased the vehicle from. He admitted that they had listed the vehicle incorrectly but it was priced correctly for the 1.6L engine. He offered to buy back the car and cover all my taxes, doc, and title fees, and if I so choose to purchase another Escape from them with a 2.0L engine from anywhere in the US they would pay the transfer fee

How are they screwing you? They're offering you a do-over. I think Carmax is being totally reasonable here.

 

[gus6464]

..

 

[cbrsurfr]

So, let them buy it back and then buy the one you want from somewhere else. You aren't going to be able to retire from some lawsuit windfall. Be happy they are offering you an out without you having to pay an attorney.

 

[Pacfanweb]

So you didn't even look under the hood before you bought it?

I don't see how they screwed you at all. It was a screw-up, no doubt, but you couldn't ask them to do any more to fix the issue than they are offering.

 

[kitatech]

Yes, you got screwed...in that you thought you had gotten a bargain, a steal if you will...getting a 2.0 for the price of a 1.6....
...only to find out that you got the 1.6 for the price of a 1.6...right?

If you want the 2.0, I guess you'll have to pay the price of a 2.0.

 

[SSSnail]

Thread backfired?

 

[MadScientist]

Thread backfired?

Don't see it that way. I think their solution is reasonable and I did not ask them for any other compensation. I was asking if anyone here knew if they are legally obliged to do more in this situation.

Thank you Zenmervolt for the informative reply.

Using the word "Screwed" in the thread title may have been a bit harsh.

My wife is the primary driver of the vehicle and she likes it so we have decided to keep it. The 1.6L engine is adequate for her and moving up to a 2.0L, as I posted, will cost more.

 

[foghorn67]

Don't see it that way. I think their solution is reasonable and I did not ask them for any other compensation. I was asking if anyone here knew if they are legally obliged to do more in this situation.

Thank you Zenmervolt for the informative reply.

Using the word "Screwed" in the thread title may have been a bit harsh.

My wife is the primary driver of the vehicle and she likes it so we have decided to keep it. The 1.6L engine is adequate for her and moving up to a 2.0L, as I posted, will cost more.

Just take the offer. Don't lawyer up. I can't believe you would consider that.

 

[monkeydelmagico]

How the hell do you buy a car without even LOOKING at the engine? Count yourself lucky you did business with Carmax. They are offering a very generous deal to fix your stupidity.

 

[MiataNC]

They offered to make you whole (buy back and return all fees/etc.). You have not been screwed. Most car dealers (new and used) would have told you to pound sand and offered you nothing at all.

You really need to re-think how you define "fair" and "equitable". The fact you posted this thread indicates you feel entitled to more than what they offered. In my opinion you are wanting to screw them.

 

[RU482]

screwed? Sounds more like an advertisement to do business with CarMax. If only all used car dealers were this willing to resolve an issue 3 months after the sale.

 

[rommelrommel]

This (and their warranties) make we wish we had carmax in Canada.

 

[TridenT]

I'd say you were screwed, but then I saw the solution offered, and it sounds like your given a do over.

screwed? Sounds more like an advertisement to do business with CarMax. If only all used car dealers were this willing to resolve an issue 3 months after the sale.

Seriously.

What the fuck, OP? You just got this car for free for 3 months if you take their offer. Also, I'd take their offer to have them take it back since I'd never drive a Ford Escape.

 

[michal1980]

Seriously.

What the fuck, OP? You just got this car for free for 3 months if you take their offer. Also, I'd take their offer to have them take it back since I'd never drive a Ford Escape.

really? Why?

I rented one on a road trip. note a bad drive even through twisty canyon roads. Far better then the fiat 500l I got stuck with in the same area.

 

[Zenmervolt]

Just take the offer. Don't lawyer up. I can't believe you would consider that.

It's never a bad thing to just ask a lawyer about one's options. The vast majority of attorneys give realistic responses and actually inform their clients (or potential clients) about what rights they have under the law without trying to push people into lawsuits.

ZV