My question involves a consumer law issue in the State of: New Mexico
(First time new car buyer) Beginning of February, I started looking into getting a truck new from a dealership. Salesman was completely convicted that I could get into it, no problem. He took me through the "foursquare" designed to keep attention away from full price of the vehicle including, and of course, tax title and license were not included in this. I had a trade in, for which I knew I would accumulate negative equity. He let me take the truck for the night, and ensured that my trade-in would be under lock and key in their detailing garage. I went with the truck, and of course I fell in love with it. After a day or two, Salesman informed me that I was not able to secure financing due to delinquent accounts from my deployment to Afghanistan, unless I had a cosigner. I thought about it, then refused his offer. Immediately after, he decided to put me into another, cheaper truck for the night, claiming that my trade-in was unavailable and was already being sold, so I couldn't pick it up.
After driving the loaner truck for the night, I realized that I hated it, and it wasn't what I wanted. He put me back into the original truck for the night, after asking if I wanted a base model just to drive for six months until my credit was good enough to buy the truck I was originally looking at.
I was over the truck and told him that I wanted to leave. I was done shopping. I started loading my military gear and personal items back in to my trade-in to leave. The salesman asked me if there was possibly one more car or truck that I might be interested in. The day prior, I had seen another car that I had looked at before my deployment and told him that if he was going to sell me a car, that would be the one.
The car they ordered from another dealership was basically what I wanted , but was "totalled" in transit. At this point, no mention of package options had been discussed, nor was a price for the car. He asked if he could order another one in a different color, so I agreed. No big deal. I continued to use their "loaner" cars (new vehicles from their lot) for the next few days until my car came in, because my trade-in was always "unavailable". The new delivery came in the next day, and me, being a first time new car buyer, and completely exhausted from working night shift all that week, missed that the Monroney sticker was not affixed to the windshield or a side window as required by federal law (15 USC 1231-1233).
I test drove the car for approximately 13 miles before returning to the dealership to look over the paperwork. At this point, there had still been no mention of any kind of price for the new vehicle or for package options. Being half delirious from lack of sleep, I skimmed the paperwork. I noticed my hefty 11.99% "non-negotiable" APR and the base purchase price, not realizing that anything was wrong with it. I signed for GAP insurance, an extra 750, and a thirty day extension for my cash down payment of three thousand dollars. I skimmed the rest of the contract. Again, first time new car buyer, so I managed to miss that my payments were slightly higher and my term of payments were drawn out to 75 months. This was never discussed to me previously before I saw the contract. However, like a dunce, I signed the paperwork. All of it.
I have unedited photos of the car without the Monroney sticker before I bought it, and the seller claims to have taken it off.
When I finally saw the Maroney sticker compared to my buyer's contract, the price I was charged was several thousand dollars higher than the MSRP. I was under the impression that the invoice amount or MSRP had to be referenced, the amount over said regulatory prices had to be conspicuously disclosed to the customer, and any extra parts or service must be itemized to inform the customer what the extra charge is for. (12.2.4 NMAC) Am I interpreting this correctly?
Thanks, any help is appreciated .
(First time new car buyer) Beginning of February, I started looking into getting a truck new from a dealership. Salesman was completely convicted that I could get into it, no problem. He took me through the "foursquare" designed to keep attention away from full price of the vehicle including, and of course, tax title and license were not included in this. I had a trade in, for which I knew I would accumulate negative equity. He let me take the truck for the night, and ensured that my trade-in would be under lock and key in their detailing garage. I went with the truck, and of course I fell in love with it. After a day or two, Salesman informed me that I was not able to secure financing due to delinquent accounts from my deployment to Afghanistan, unless I had a cosigner. I thought about it, then refused his offer. Immediately after, he decided to put me into another, cheaper truck for the night, claiming that my trade-in was unavailable and was already being sold, so I couldn't pick it up.
After driving the loaner truck for the night, I realized that I hated it, and it wasn't what I wanted. He put me back into the original truck for the night, after asking if I wanted a base model just to drive for six months until my credit was good enough to buy the truck I was originally looking at.
I was over the truck and told him that I wanted to leave. I was done shopping. I started loading my military gear and personal items back in to my trade-in to leave. The salesman asked me if there was possibly one more car or truck that I might be interested in. The day prior, I had seen another car that I had looked at before my deployment and told him that if he was going to sell me a car, that would be the one.
The car they ordered from another dealership was basically what I wanted , but was "totalled" in transit. At this point, no mention of package options had been discussed, nor was a price for the car. He asked if he could order another one in a different color, so I agreed. No big deal. I continued to use their "loaner" cars (new vehicles from their lot) for the next few days until my car came in, because my trade-in was always "unavailable". The new delivery came in the next day, and me, being a first time new car buyer, and completely exhausted from working night shift all that week, missed that the Monroney sticker was not affixed to the windshield or a side window as required by federal law (15 USC 1231-1233).
I test drove the car for approximately 13 miles before returning to the dealership to look over the paperwork. At this point, there had still been no mention of any kind of price for the new vehicle or for package options. Being half delirious from lack of sleep, I skimmed the paperwork. I noticed my hefty 11.99% "non-negotiable" APR and the base purchase price, not realizing that anything was wrong with it. I signed for GAP insurance, an extra 750, and a thirty day extension for my cash down payment of three thousand dollars. I skimmed the rest of the contract. Again, first time new car buyer, so I managed to miss that my payments were slightly higher and my term of payments were drawn out to 75 months. This was never discussed to me previously before I saw the contract. However, like a dunce, I signed the paperwork. All of it.
I have unedited photos of the car without the Monroney sticker before I bought it, and the seller claims to have taken it off.
When I finally saw the Maroney sticker compared to my buyer's contract, the price I was charged was several thousand dollars higher than the MSRP. I was under the impression that the invoice amount or MSRP had to be referenced, the amount over said regulatory prices had to be conspicuously disclosed to the customer, and any extra parts or service must be itemized to inform the customer what the extra charge is for. (12.2.4 NMAC) Am I interpreting this correctly?
Thanks, any help is appreciated .
Sales Agreements: Monroney Sticker Missing from Window
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