Bait and Switch Law

So, I have more car woes. I just bought my Outback last week. The salesman told me over the phone that he had a specific car for an agreed-upon price. When I got there, that car turned out to have been sold a few days earlier, but the system hadn't been updated. They had a different Outback with the same miles, same year, same model, same price, same color, Certified, under warranty, etc. I thought that was weird, but I drove the car and it seemed great, so I bought it.

The next day it started making a creaking sound when I turned that I didn't hear during the test-drive. I'm taking it to a trusted mechanic tomorrow for an inspection. It sounds more cosmetic than mechanical, but in the event that it is a more serious issue, am I protected by a Bait and Switch Law? I know there is a Lemon Law, too.

Hopefully the car just needs some lube or a bolt tightened, but in case of something worse, what should I do here?

Sounds like a good question for "Crash"

I ran into a similar situation a number of years back with a used truck.  I went as far as to contact BBB & contact governing boards.  A used car is a used car.  Lemon Law does not apply to a used car; private party or dealer.  Hence the reason it is sold 'As-Is' on the sticker (generally).  Exception is usualy 'Certified Pre-Owned' which will (usually) come with a written warranty listing what is covered & for what duration.

In my case, the engine blew in less than 1-1/2 weeks after I bought it.  They calimed to have done a "143-point inspection" by a mechanic.  I was provided no written paperwork to this effect when I got the car & it took a LOT of calls to reach the owner of the dealership to explain my woes.  They "gave" me an extended warranty for free, took the car back & replaced the engine -- 4 weeks later I got my car back with a rebuilt engine.  Was a total bummer but I had to rattle the cages of the beast to get a response; that took time that exceeded the value of the $4000 car in my opinion.

Another case:  I bought a used Pathfinder from a dealership in Seaside about 15 years ago.  Got home & heard a rattle that wasn't there when I test drove.  Opened the hood to find 6-8 bolts laying on top of brace in a little area under the hood.  They had changed out some big component & the old bolts were layed there & forgotten about.  I raised concern with the dealership manager & got an extended warranty at a discounted price.  Never had any issues, luckily.

I just bought a used truck last week & still hear things I didn't hear before.  Ones mind is wired to work this way I think.

Not sure about the "bait and switch" part of it, but if it is truly a subaru certified car then you should end up being OK.

Certified subies should be covered under the original 7 year 100K powertrain warranty.  If the car is clicking when you're turning, it could be struts or a ball joint.  Mine had the same problem at around 120K miles and after replacing my struts it ended up OK. 

BTW I did warn you about the bait and switch thing   .  It happens a lot 

Sounds like the guy maybe puled a Clark Griswold-Vacation number.  Cal. Vehicle Code 11713.1(i), prohibits bait and switch advertisements based on limited volume deals.  Not sure it applies to enticements by phone.

And definitely find a mechanic or dealer you will trust.  I only take my Subaru to the dealer in Modesto because:
1. They're cheaper than other dealers for service (The one closest to my home I hate with a unique passion), and have actually beaten local mechanic prices by a significant amount.
2. They're great people.  When my Subaru had problems with its emissions system, the Modesto Subaru dealership was the only one who forthrightly mentioned that my catalytic converter was covered by a special extended warranty.  None of the other dealers I talked to or brought my car to mentioned that, instead they tried to fix my issue through computer updates, which of course didn't work.

Yeah, this CPO Outback went through a 152-point inspection. I have partial records of our agreement through email and texts, and my mom came with me and heard them explain that the other car had been sold. Basically I have a witness.

The car that had supposedly been sold is still listed. The one I bought was removed the next day. I just took a photo of the screen with that car, the iCal calendar showing the date, plus another phone showing the date. That might help.

Marin Mazda Subaru. Stay away from them.

And yes, I know I was warned about the bait-and-switch, but it's certified. Why would they sell a faulty certified car when they just have to repair it? I figured if anything it was some financial incentive for them, which is fine with me. I just want a good car!

Like I said, it sounds cosmetic, but I'll see.

Many cars are called AD cars to get you into the shop. And usually sold before you get there. Many are stripped down and Cheep. Then when you get there that car has been sold. There is suppose to be either a VIN number on the Ad or a stock number. The only way you can tell if the car is the same one is to look for one of those numbers. I have worked at two dealerships way back when. 

Hi,

did you try to contact Putnam Subaru Service Center in San Francisco - I had best experience with them, or Serramonte Service.

Your car covered by warranty, register at Subaru.com as  owner
https://www.subaru.com/my-subaru/account.html
and write letter to Subaru NA - they are super helpful

Bait and Switch - can be rebuffed as "human error". couple years ago I saw stealer deal for Camry hybrid in LA, called many times and was very closed to buy tickets and fly, but they refused to start paperwork over the phone and provide VIN number. later I was told that this is common practice for some dealers... it's pure business...

stay strong
Igor

I called Serramonte Service Center, but they said that within 30 days, the dealership that sold me the car is responsible. Not sure if this is really the case. I'll try SF, as I don't want to drive to Marin again.
I hate to think of taking legal action. So far I wish I had stuck with my '92 Civic even though it's falling apart.

Back from the mechanic. All is well. He said the creaking is probably body panels rubbing together. Not a big deal. Everything else checked out.
Okay, I'm ready to fish now. Thanks for all the advice everyone!

Back from the mechanic. All is well. He said the creaking is probably body panels rubbing together. Not a big deal. Everything else checked out.
Okay, I'm ready to fish now. Thanks for all the advice everyone!

Which dealer gave you the thumbs up?

Back from the mechanic. All is well. He said the creaking is probably body panels rubbing together. Not a big deal. Everything else checked out.
Okay, I'm ready to fish now. Thanks for all the advice everyone!

glad to hear!

Back from the mechanic. All is well. He said the creaking is probably body panels rubbing together. Not a big deal. Everything else checked out.
Okay, I'm ready to fish now. Thanks for all the advice everyone!

Body panels do not creak from the factory if the car has never been in an accident. Sometimes the CV joints will make noise on a hard slow turn. Bring it to me Andrew Ill find out what it is.

I have had a great experience Livermore Subaru. Top rated for customer satisfaction also. Subaru is a good company and will make things good is my prediction.