Belvedere Tiburon, CA asked in Consumer Law for California

Q: Hello, Toyota sold me a surface package but then never contacted me about coming back to get the product added.

The amount was about 5k total for this package. Can I ask that the 5K be removed from my original loan ?

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2 Lawyer Answers

A: I suggest you go back to the dealer's service department and take all your paperwork. Stop waiting for them to call you.

James L. Arrasmith
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Answered

A: Under California law, if Toyota sold you a service package but failed to provide the agreed-upon services, you have grounds to request a remedy. This situation may be considered a breach of contract, as Toyota did not fulfill their part of the agreement.

You can certainly ask for the $5,000 to be removed from your original loan. To do this, first, gather all relevant documentation, including the sales agreement or any paperwork that details the surface package and its cost. This will be crucial in proving your case.

Next, contact the dealership directly and explain the situation. Request that the cost of the unprovided service be refunded or removed from your loan. It’s often helpful to start this conversation in writing, either through an email or a formal letter, so you have a record of your request.

If the dealership is unresponsive or refuses your request, you may need to escalate the matter. This could involve filing a complaint with the California Department of Consumer Affairs or seeking legal advice to explore your options, such as small claims court, especially given the significant amount involved.

Keep in mind that communication and documentation are key in resolving such disputes. If you find the process overwhelming or if the dealership is not cooperating, consider seeking legal counsel to guide you through the process.

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