Need a LOT of help: Mazda dealer pulled a switch on us - We bought/paid for AWD, they sold us FWD

As some of you have seen... we were shopping for a car, and finally decided on an awd Mazda3.  We used the Costco buying service, to negotiate the deal.   We went down to the dealer (Jim Doran auto group - Oregon) to pay for, and pick up the car.  The sales lady on the previous evening confirmed it is an awd Mazda3.  The car was prepped and waiting for us.  We went in to the dealership, signed the paper work and drove home.....

About a week after we got the car, I went to check the oil and do a quick inspection and that is when I noticed we were delivered a fwd car.   We immediately contacted(8am on a Sunday) the sales person (who was on vacation), and she apologized, and confirmed again that we were buying an awd car.  We waited till 11am to contact the dealer.  Our sales manager wasn't in until today....  

His solution is to trade it in....  (losing $$$$)?

I've contacted Costco auto, they have passed it along to their advocacy group.

Need some help in how to deal with this....????  

Does anyone have a phone # At Mazda USA I can call and see if they can help with this...???

Is the awd mentioned anywhere in writing?

Start by reading the paperwork.

Many times my question was answered incorrectly as I was pointing out the truth on the window sticker.  Always read and verify.  Car salespeople have a lot on their minds.  

We have the Costco contract that says awd.  the car was prepped,the window sticker was folded in the back...  BUT the window stock doesn't mention drive type... anywhere.....

Where's your Costco paperwork and your dealership paperwork stating "AWD"?

Ouch - talk to Costco- they have great customer service.   

I would imagine that if the contract says awd then they should be responsible for meeting those terms. To be fair, you should verify that they have met them as well.

Your state probably has a regulatory office that observes/arbitrates this kind of problem.

Good Luck!

Rog

If you have paperwork that specifies AWD that's been signed by Costco, I think you're in a pretty good place.

oldeskewltoy said:

We have the Costco contract that says awd.  the car was prepped,the window sticker was folded in the back...  BUT the window stock doesn't mention drive type... anywhere.....

Looks like the AWD part should be on that corner that's missing on the sticker, but with that contract signed by Costco, well I'm not a lawyer but looks like they owe you a car. 

I didn't even know Costco sold cars

boulder_dweeb said:

Your state probably has a regulatory office that observes/arbitrates this kind of problem.

Good Luck!

Rog

Being in th legal field this is a good step if Costco and the dealer do not correct the problem. Your communications need to all be in writing and you should give them notice that this needs to be corrected within X days (the contract or state law may dictate the time frame. If the state reg office can't help, then maybe the state Atty General. Otherwise - LAWYER.

This basically happened to me when I leased a Ford Focus. I test drove a blue sedan with the fancy spoiler and cool wheels. I did all the negotiations and paperwork, and took home that car, or at least as far as I could tell it was the same car.

A couple months later they called and said they gave me the wrong car, it didn't match the VIN on the paperwork, and I was driving a moe optioned (more expensive) version. By that time, I'd put a couple thousand miles on it, though. They waffled a bit, but in the end, l ended up keeping the same car, and they didn't make me pay more. Their mistake, they eat the cost.

In your case, you got a less valuable car, so you should be strongly hinting at legal action if they don't fix their mistake. And it's not like you devalued it with a ton of miles (I assume)

In fact, if I were you I would refuse to drive it again and force them to swap it for an AWD one, without any cost to you. Again, they should eat the cost for their mistake.

I think after preferred on the model the letters FWD would of appeared.  F appears to be almost viewable.

I see the authorization number, but do you have an actual sales contract saying awd? Or does it just have the VIN of the car you bought?

oldeskewltoy said:

...the window sticker was folded in the back...  

 

Can you clarify what you mean by folded in the back?  

A window sticker is officially named a Monroney Sticker.  From that wiki page comes this excerpt:  

The Monroney sticker is required to be affixed to the side window or windshield of every new car sold in the United States and can only be removed by the consumer (Chapter 28, Sections 1231-1233, Title 15 of the United States Code). A fine of up to US$1,000 per vehicle for each offense is authorized if the sticker is missing, and other fees and penalties are authorized if the sticker is altered illegally (including imprisonment).^[4] The act does not apply to vehicles with a gross vehicle weight rating (GVWR) of more than 8,500 lb (3,856 kg).

Seems to me that you may have on your side the PRE-REMOVAL & ALTERATION of a Monroney sticker and its subsequent $1,000 fine for removal and imprisonment for alteration.  This is not $1,000 going to you and I'm not sure how you make this threat turn into a new car but your states attorney general should be very interested in this violation of US Law.  

nocones said:

I think after preferred on the model the letters FWD would of appeared.  F appears to be almost viewable.

More likely it was something like PKG, as the "Preferred Package" is a trim level. It's called out in the options as well.

Man, that sucks. Hope it all gets worked out. In other news, am I the only one who learned that there is such a thing as an AWD Mazda 3 from this thread? That is more surprising to me than a car dealer doing something that appears  shady but may just be incompetence. 

Having gone to the "build your own" section of the Mazda website the official names seem to be

• 2019 Mazda3 Hatchback Preferred Package AWD
• 2019 Mazda3 Hatchback Preferred Package FWD

Your sticker sure looks altered to avoid the last designation of AWD or FWD.  

Now, prove it.  That will be the hard part.  How can you assure that you did not alter the sticker once you got home and now you are trying to pull this rouse to get a more expensive car?  

Here’s the problem. Costco does not sell cars, they send you to a local dealer with a "no haggle" price. The screenshot from Costco shows an "authorization number" which the dealer uses to pull up the Costco pricing. There is no VIN anywhere on that correspondence, so there is no contract between Costco and you to sell you a specific AWD car. Does any of the paperwork you signed say AWD anywhere? That is your only hope, if it does not, you are pretty much at the mercy of the dealer as anything written overrides anything verbal. They sold you a specific VIN vehicle for an agreed upon price and you signed it. That’s the contract. If that signed purchase order does not say AWD see if any of the loan documents do (if financed) as the bank valued the collateral higher based on that, and they will have an issue with it. 

Do the VINs match on the paperwork?

The Costco document does state that the requested vehicle is AWD, but you may have voluntarily elected, through signing the contract, to instead by a less expensive FWD model.

What was the MSRP (you blacked that out) on the window sticker vs what is posted on Mazda’s web site for the AWD variant of that model and trim level?  If it matches what an AWD version should be, you have a case as I see it should the physical vehicle not match.  However if the sticker’s MSRP matches a FWD version, I am not so sure ....

John Welsh said:

How can you assure that you did not alter the sticker once you got home and now you are trying to pull this rouse to get a more expensive car?  

I believe the mangled piece of paper is the window sticker. i.e. proof of what they got (which isn't in dispute), not the proof of what they ordered.

The authorization number in the email is above a "Vehicle Requested" field which specifies AWD. Hopefully the OP has enough of that email thread to determine whether that portion of the proceedings is binding (i.e. the "request" is contractually more than "we're looking for one of these.").

I'm hoping Costco's advocacy group is for real. The dealership will not want to torque off a buyer that size if they decide to look out for you.

Steve_Jones said:

Here’s the problem. Costco does not sell cars, they send you to a local dealer with a "no haggle" price. The screenshot from Costco shows an "authorization number" which the dealer uses to pull up the Costco pricing. There is no VIN anywhere on that correspondence, so there is no contract between Costco and you to sell you a specific AWD car. Does any of the paperwork you signed say AWD anywhere? That is your only hope, if it does not, you are pretty much at the mercy of the dealer as anything written overrides anything verbal. They sold you a specific VIN vehicle for an agreed upon price and you signed it. That’s the contract. If that signed purchase order does not say AWD see if any of the loan documents do (if financed) as the bank valued the collateral higher based on that, and they will have an issue with it. 

Do you have pricing in hand from Costco before you go to the dealer?  Curious as I am contemplating using that service.