Legal options against auto dealership for not following contract ?

Question

In November of 2019 I bought I new 2020 Dodge Durango here in Arizona. As part of the deal and in the documents we paid to have a remote start added to the Durango. It's now December of 2020 and they have yet to install the remote start and always have excuses when I try to call them. What are my options moving forward? Can I return the car since they failed to complete the contract? 

Answer 1

Favourite answer

This is a breach of contract, but the breach is not "material."

 

A material breach involves one of the essential elements of the contract - price, delivery date, product type, payment terms, etc. When there's a material breach of contract you can usually void the contract (i.e. return the car). 

 

Failure to install a remote start mechanism is not a material element of the contract. That means you cannot void the contract and return the car. However, you can sue for the difference in price between a car with a remote start, and without a remote start. Breach of contract claims also carry mandatory attorney's fees paid by the loser.

 

Your case is a textbook example of a non-material breach of contract. Any decent general practice lawyer should be able to handle this case. Also, DO NOT get yourself into a "contingency fee" contract where the lawyer takes a percentage of your recovery. As I mentioned earlier, breach of contract carries mandatory attorney's fees so that cost will be paid by the dealership. 

Answer 2

you can get a lawyer or talk to your state attorney general

Answer 3

Let them know that you will go somewhere else for the remote start and they will be on the hook for the cost.