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Hey everyone. I posted this in a legal advice forum, but thought I'd post here as well to see if anyone had anything to add!

"So I’m a little frustrated at the moment. Back in August I traded in my 2017 Mazda3 Hatchback for a 2019 Mazda3 Hatchback. The ONLY reason for this trade is because I wanted an AWD vehicle and Mazda finally released the 3 with the AWD drivetrain option. I went into my local dealership Andy original statement to the salesperson was I was there for the new AWD Mazda3. She tells me they have some in stock and shows me a nice premium trim and let’s me test drive it. I like the car under the impression it’s AWD (this is a constant point brought up during the time I’m there), and she assures me how great the Mazda AWD is. My husband and I decided to purchase and because his credit is better, we decided for him to purchase with sole ownership. (This is important to the issue). A couple of weeks ago, I was at the dealership for some maintenance and saw the salesperson. I stated something about having an AWD car like my husband who owns an Subaru WRX. The girl who sold me the vehicle stated that my AWD vehicle is better than the WRX. Well with this statement, I’m expecting my car to handle better than my husband’s and lately I have noticed that it does not. So I started questioning if I was indeed sold an AWD vehicle. Tonight I got out my vehicle info that Instill have the sticker for. No where on the sticker does it say AWD or FWD. So I sent a chat to Mazda corporate and asked them what I had based on my VIN. THEY TELL ME FWD!!!!! I’m livid. So I called the dealership to explain the situation and they are relaying the problem to upper management. Since, I have combed all the paperwork and I have found only two documents that state it’s FWD. The problem is, is that I didn’t sign these documents so didn’t catch the inconspicuous three letters stating FWD since my husband is the one who financed and he wasn’t there during the sales process. He showed up only when the paperwork was there to sign. I was under the impression, due to the salesperson assuring me it was AWD, that that’s what we were purchasing. Can there be some recourse since the salesperson constantly told me it was the AWD drivetrain?"
 

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You bought what you bought. You should have been paying more attention when you looked at the car. Don't ever rely on what a car salesman tells you.....ever. Now you get to go to Mazda and try to prove what you claim happened.
If you can't tell a FWD car from an AWD car by looking it, you should have somebody there that can. All it takes is a 2 second look under the car......
 

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You bought what you bought. You should have been paying more attention when you looked at the car. Don't ever rely on what a car salesman tells you.....ever. Now you get to go to Mazda and try to prove what you claim happened.
If you can't tell a FWD car from an AWD car by looking it, you should have somebody there that can. All it takes is a 2 second look under the car......
Affirmative misrepresentation is dealer fraud. So, it’s still on the dealership to give accurate details about the car.
 

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Affirmative misrepresentation is dealer fraud. So, it’s still on the dealership to give accurate details about the car.
The dealer will blame the sales person. What's verbally spoken isn't concrete evidence. The dealer sales form is the official waver/receipt, signed document of your purchase.
 

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The dealer will blame the sales person. What's verbally spoken isn't concrete evidence. The dealer sales form is the official waver/receipt, signed document of your purchase.
Their salesperson is a representative of their company. It’s fine if they blame the salesperson, it’s still the dealership’s responsibility to deal with misrepresentation.
 

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Affirmative misrepresentation is dealer fraud. So, it’s still on the dealership to give accurate details about the car.
Yeah.....right.....
That salesperson is going to step right up and say Yeah, I sold them a FWD car instead of the AWD they wanted. I really pulled one over on them....
Accurate details? Yehhhhh.....not a single person I have talked to on the Mazda sales floor could tell me what colors the cars were, or which engines were in what cars, let alone if a car had AWD or FWD. You need to do your due diligence to make sure you get what you want. The dealer will sell you anything, doesn't matter to them if its what you actually wanted.
You are going to have to prove that the salesman sold you something that wasn't what he said it was. If you bought a car without knowing what exactly you were buying, that is on you.
 

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Try working work Mazda corporate on the issue and you may be able to trade the vehicle in for an awd and only pay for some of the depreciation. Also might be a good idea to lawyer up as the dealership will obviously fight it.

The awd is very good but I wouldn't say better than the wrx as Mazda's awd only sends power to the rear when needed vs wrx where the front+rear wheels are in constant rotation.

As much as the dealer was wrong for selling you an fwd car instead of a fwd you should ALWAYS READ ANY PAPERWORK GIVEN.
Also there are apps like mycarfax and vindecoded where you can find information about vehicles.
The internet is also a great source since if you did some light research you probably could've realize that the awd Mazda's have a badge at the back.

Goodluck and if find a way to get an awd m3, make sure the rear looks like this.
275054
 

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Like stated before, and with that pic above, you didnt look underneath and its taken you 5 months to realize the front tires spin and you still dont move as you would with driven rear wheels? Not trying to sound like a prick, but, as the buyer its up to you to be educated enough that the sales person cant pull one over on you.

Example, when i bought my CPO '17, i could SWEAR it said AM/FM/CD/BT/USB etc, but it took me 3 months to realize i didnt have a CD player. The ad was gone, i didnt have a copy of it and the dealer never mentioned anything about there being one in person. i got a used one off eBay to install on my own. I know its not the same as your issue, but like someone else, its your word against theirs and they arent going to side with you.
 

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Mazda will probably offer an AWD at discount but trade-in will be up to the dealer. This will cost you some money to correct. Try to be positive and view this as a learning experience.

I got screwed when I bought my 3 if that helps how you feel. But I love the car.
 

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I'm almost positive you would lose that lawsuit and no Lawyer worth a crap would even be willing to waste their time. Best advice is contact Mazda and see if can work out a deal to minimize Your mistake with a trade in on an AWD.

As a side note, I kind of wonder if this is a WRX troll since I find it hard to believe someone could even make this mistake.
 

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I'm almost positive you would lose that lawsuit and no Lawyer worth a crap would even be willing to waste their time. Best advice is contact Mazda and see if can work out a deal to minimize Your mistake with a trade in on an AWD.

As a side note, I kind of wonder if this is a WRX troll since I find it hard to believe someone could even make this mistake.
Actually, lawyers are in the business of making money, same as people who list houses they know are being lied about by the seller, the buck they will make. Also, shes been here over a year and a half, i doubt she signed up that long ago to plan a trolling like this. Twould be epic though...
 

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Unfortunately one of the documents signed likely stated that the written agreement is the entire contract. No other verbal statements are enforceable.

I can understand not noticing that it was fwd. There are few noticeable differences. (Except the lettering on the trunk of the AWD cars) I have never crawled under my car to confirm the drivetrain. In my last fwd Mazda, I did not notice excessive front wheel spin.

It is difficult to tell the difference but it is up to us to confirm we are buying what we think we are buying. Hopefully Mazda will help but I don’t know there is much leverage to force them
 

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Oh my goodness!!!
@RYAKAI8291, I feel so bad for you and I'm mad for you. If I were you I would go back to the dealership and (secretly) record the conversation on your phone while talking to the sales person and bring up the AWD/FWD mess up, in a nice way. Let's assume we are dealing with an innocent rookie sales person who doesn't know AWD from FWD. Bring the recording to upper management at the dealership (owner preferably). Mazda corporate is another escalation you may want to take if the dealership leaves you stranded. Just maybe you get your AWD that will surely be more expensive, and you only pay for the difference. That would be the ideal outcome. Keep in mind, that it will be hard to haggle the price of the AWD with the dealership in your position.
Going the legal route is not economically prudent, unless you know a lawyer who would do this pro-bono. By simply trading your FWD car for an AWD model in the worse case will cost you a few thousand dollars. No way you can litigate this issue (and win) for less than the trade in cost.
Mind you, you don't have to do the trade in at the dealership that sold you the wrong car and have them make more money from you. Check with other dealerships and other options.
I wish you a lot of luck and stay calm and confident.
PS1: After all this is behind you and you have your AWD Mazda, you still can take your case to small claims court where you do not need a lawyer to recoup your losses from doing the trade in.
PS2: You can skip the recording/talking to the dealership if you are 'done' with them and don't want to see or hear them again and do PS1 right away.
 

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You cannot record people's conversations unless there is consent. Even if you did have a recording, it may not be admissible as it can be hearsay (i.e. out of court statements cannot be used to prove the truth of the matter asserted).
 

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I nearly had the same thing happen. My sales person initially brought out a FWD car and tried to tell me it was AWD. I knew more about the car than she did or so I thought. I had to coach her on how and why I knew it was NOT an AWD car. The best way to know for sure is that the AWD cars have AWD emblems on the back left side (drivers side) of the car. The sales lady saw something on the window sticker that said 4 wheel disk brakes or something and tried to convince me that it was AWD, LOL. Not to laugh at your situation but maybe something similar happened. Really though, it’s up to the buyer to know what you are buying. I was under the wrong impression that this car had TSR Traffic Sign Recognition, TJA Traffic Jam Assist and al 360 camera system among many other features based off of all the car reviews that I watched endlessly before buying the car. Of course the cars being reviewed were for the Canadian or European markets and said features were dropped for our market. I still like the car but I’m not in love with it. This is definitely not the car I wanted. Just glad I leased it. When the lease is up I’m going for a BMW 3 series and I’ll make sure to get all the goodies I was looking for on this car. Trying to save a few dollars on this one cost me in the end.


Sent from my iPad using Tapatalk
 

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Only what's in the contract counts. The dealer could tell you it gets 50mpg and has 500hp. If it's not written you are out of luck. Hiring a lawyer is just going to waste your time and money.

Not sure how your spouse can buy/sign for your car and you didn't tell him what you wanted or agreed on with the dealer.

When I signed my paperwork it took me at least 30 minutes because i tried to read all the fine print and I had some questions.

I have really low expectation that a 2019+ Mazda 3 will handle much like a WRX. And I doubt you need AWD if you haven't even noticed it was missing and went back to the documents to find out.

This is probably just an expensive life lesson. I would move on and enjoy your car. If it really makes you upset looking at the car, get rid of it. Life is too short to dwell on the bad stuff.
 

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When you bought the car you were given ample paperwork to sign and you bought exactly what is indicated on that paperwork (right down to the matching VIN).

You probably were also given the Moroni window sticker (let us know if it was still on the rear window glass, or they removed it). If they hid that from you (which they would have no reason to do) then let us know, but I bet when you open your folder of ample paperwork it is in there, if not, it was in your glovebox, trunk, or somewhere and you probably tossed it. The Moroni sticker is like that label on a new mattress, a literal ingredients list of what options are on the car you bought.

Since you possess one copy of all the paperwork, and the dealer has the other copy, there is no fraud. You signed for the car you bought, if you think the salesperson is an expert on anything other than enticing you to sign and drive away that is a big mistake, but as a consumer you are given everything you need (in the form of paperwork) so all you have to do is read it.

If it makes you feel any better, you probably paid less (MSRP is lower for FWD vs AWD), you will get better MPG's, and even reduce maintenance if you keep the car long term. FWD with snow tires will probably best AWD on all season tires (I have had no issues in active upstate NY snowstorms with my FWD and snow tires), you can use the money you saved buying FWD to purchase snow tires, and enjoy the fact that year round you have a slightly peppier, quicker steering car (all this paragraph outlines my reasons, after testing both AWD and FWD, for purchasing a FWD version).
 
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