What kind of lawyer do I need to sue a car dealership in PA?
An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons. Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like “bait and switch,” odometer tampering, and car warranty scams.
What is auto fraud in Texas?
Auto dealer fraud occurs in a variety of ways. Some common auto dealer fraud includes:
- Spot delivery scams (“the financing fell through” excuse)
- Incorrect credit scoring and/or financing eligibility scams
- Failure to disclose
Spot Delivery Scams (“Yo-Yo” Car Sales)
Spot delivery scam occurs when the consumer finances the vehicle with the dealership under a low interest rate promotion. Shortly after the consumer takes possession of the vehicle, the dealer then contacts the consumer and informs them that the financing for the low interest rate promotion fell through or that the financing paperwork that was signed was incorrect. The dealer would then request that the consumer come back to the dealership to re-sign paperwork under different terms. If this occurred to you, then please contact our office for more information. Although the Texas Lemon law does not specifically include spot delivery scams as a viable cause of action, other laws such as the Texas Deceptive Trade Practices Act may assist a consumer who has been a victim of spot delivery scams. Spot delivery sales may be actionably, depending on a variety of factors. Those factors include oral and written representations made by the dealer and the documents that were signed at the time of purchase.
Incorrect Credit Scoring and/or Financing Eligibility Scams
Incorrect credit scoring and/or financing eligibility scams occur often, but are very difficult to prove. It occurs after the consumer has finalized price negotiations with the car salesperson at the dealership and is thereafter told by a loan officer of the dealership that their credit scores places them outside the eligibility for financing, or financing at a promotional rate. Before purchasing a new vehicle, be prepared and print out a copy of your credit scores. If the dealership makes representations on your credit score and you believe that the representation is inaccurate, then please contact my office for a free case review.
Failure to Disclose a New Vehicle’s Damage History
Undisclosed auto damages are normally discovered after the consumer has purchased and took possession of a new vehicle. A seller can mislead a buyer in a variety of ways. The car dealership may say that the car has never been wrecked, has never been repaired, has never been auctioned, or has never been subject to a flood. Even if a car is sold as new, it does not necessarily mean that it is defect or problem free from the time the car was manufactured to the time that it is placed for display at a car dealership. In addition, a dealer may fail to disclose the “lemon” nature of a vehicle. Under the Texas lemon law, car dealerships are required to make proper disclosures if a vehicle has been returned as a “lemon.” If this has happened to you, then please contact my office.
About Our Texas Lemon Law and Auto Dealer Fraud Office
In addition to handling Texas Lemon Law related cases, the Law Offices of Kevin Le, PLLC also handles auto dealer fraud cases.
What kind of lawyer do I need to sue a car dealership in Texas?
Buying a vehicle can be difficult. Customers sometimes feel anxious about their transportation needs, and dealership sales staff often cross the boundary between bold salesmanship and illegal practices. Fortunately, several state and federal laws protect Texas consumers when unscrupulous dealers act dishonestly toward their customers.
If you think you have been a victim of auto fraud, contact Allen Stewart. The consultation is free. Whether the dealer advertised one thing and delivered another, misrepresented the car’s past history, or packed the contract with items and services you never bargained for, the auto fraud attorneys of Allen Stewart, P.C. can help you get the justice you deserve.
Misrepresenting the vehicle’s actual mileage through odometer tampering is a common fraudulent scheme. The National Highway Traffic Safety Administration (NHTSA) defines odometer fraud as the “disconnection, resetting or alteration of a vehicle’s odometer with the intent to change the number of miles indicated.”
NHTSA states that more than 450,000 vehicles are sold every year in America with false odometer readings. And not knowing your car’s true mileage can cost you thousands in repairs. NHTSA estimates that odometer fraud costs American car consumers more than $1 billion each year. Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud.
Other forms of auto fraud include spot delivery scams, incorrect credit scoring and failing to disclose a new vehicle’s damage history. Spot delivery scams happen when a consumer finances a vehicle through the dealership under a lower interest rate only to have the dealer claim the financing “fell through” after the consumer takes possession of the vehicle. The dealer then convinces the consumer to return and sign new paperwork under different, less favorable terms.
Incorrect credit scoring scams occur after a consumer finalizes price negotiations with the salesperson. The dealership’s loan officer then tells the consumer their credit score disqualifies them from financing, or financing at a specified promotional rate. Customers either must finance the vehicle at a higher interest rate or walk away entirely.
Sometimes dealers commit fraud by concealing a vehicle’s damage history. If the dealer hides or lies about past crashes, damage stemming from neglect or flood damage, or knowingly provides you with an inaccurate history for the vehicle, the dealer has violated the law.
If your vehicle dealer used any of the above methods that you relied on to buy your vehicle, you may have a valid legal claim. If you suspect that the dealership dishonestly sold you your vehicle, contact us today. Auto dealer fraud attorneys in Texas use the Texas Deceptive Trade Practices Act when pursuing auto dealer fraud cases. The DTPA protects consumers against false, deceptive and misleading business practices of all kinds including auto fraud. The Act, enacted in 1973, de
What is auto fraud in California?
Car dealership fraud is a big problem in California. It’s not uncommon for car dealership deceptive practices to cost California consumers millions of dollars every year. Even the savviest of consumers can sometimes fall into car dealerships’ deceptive tactics. The deceptive tactics that car dealerships use generally fall under misrepresentation or omissions of important factual information about the vehicle purchase transaction, such as hidden fees and costs associated with the car and hiding the car’s mechanical or structural problems.
Don’t let a car dealership get away with its deceptive tactics. Find help with the best legal representation for your vehicle matter. Luis Aguirre is an experienced Car Dealership Fraud and lemon law attorney who can help you protect your rights against car dealerships’ deceptive tactics.
Generally, car dealership fraud schemes are more than just mistakes or errors that have been overlooked by the car dealership. However, some of these mistakes and errors are actionable too under California lemon laws. Most of these fraudulent schemes are statutorily outlawed in California, and some of these acts could sometimes be considered criminal.
Car dealerships have found ways to negligently or intentionally mislead consumers to buy a vehicle from them. Car dealerships may mislead consumers in financial ways by offering consumers hidden financial terms and conditions. Car dealerships may also mislead consumers by offering the consumer a car with hidden defects and, in some cases, major structural or mechanical problems that may make the car unsafe where the car dealership had a duty to disclose those safety mechanical or structural car defects.
When car dealerships engage in intentional misrepresentation, also known as fraud, they usually purposefully omit information they had a duty to disclose regarding a car before selling it to the consumer. In those instances, a car dealership intentionally withholds vital information from the consumer, such as car defects, recalls, and structural or mechanical problems the car has. In cases where a car dealership is found liable for civil fraud, the civil penalties can be steep, up to three times the value of the vehicle, and sometimes more.
The retail car industry in California is heavily regulated, but this does not mean that all car dealerships abide by those regulations. These dealerships can still find ways to get the upper hand in transactions so that they benefit to the detriment of the consumer. Below are some examples of how car dealers use these unfair tactics to the detriment of the customer.
- Odometer fraud occurs when the car dealership tampers with the vehicle odometer by rolling back the mileage or altering the odometer in a way that hides the factual vehicle mileage information.
One of the most prevalent, either intentional misrepresentations, or negligent misrepresentations, made by California vehicle dealerships is where the dealership in the vehicle purchase contract.
What kind of lawyer do I need to sue a car dealership in PA?
An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons. Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like “bait and switch,” odometer tampering, and car warranty scams.
How to file a complaint against a car dealership in California?
The Car Buyer’s Bill of Rights affects retail vehicle sales by requiring California-licensed car dealers to provide an itemized price list for financial items, such as warranties and insurance, and provide buyers their credit score with an explanation of how it is used. It does not apply to motorcycles, off-highway motor vehicles, and transactions between private parties.
Dealers must provide a “Notice to Vehicle Credit Applicant” written document, in at least 10-point type, separate from the sale or lease document, which states:
If a dealer obtains financing on your behalf, the dealer compensation from the financing institution is limited to no more than either:
- This limit does not apply when assignment requires the dealer to bear the entire risk of financial performance for the consumer or when the assignment is more than six months after the date of the conditional sale contract.
The dealer must provide a written document with the price of specified items purchased and their effect on installment payments (California Civil Code §2982).
Used cars advertised as “certified” must meet specific requirements. The dealer must perform a complete inspection of the vehicle and provide consumers with a copy of the inspection report.
Dealers are prohibited from advertising a vehicle as “certified” if the:
Important:
- Consumers who purchase a used car for less than $40,000 must be offered a two-day contract cancellation option agreement.
- There is no “cooling off” period unless you purchase a contract cancellation option agreement.
EXCEPTION: The contract cancellation option agreement does not apply to used cars priced at $40,000 or more, new cars, private party sales, motorcycles, off-highway vehicles, recreational vehicles, or vehicles sold for business or commercial use (does not include pickup trucks purchased for personal use).
Cancellation Option Specifics:
- If you choose to purchase the contract cancellation option agreement, expect to pay:
- If you return the vehicle within the time specified, the dealer may charge a maximum restocking fee of:
- The contract cancellation option agreement fee is nonrefundable. However, if the dealer charges a restocking fee, they must deduct the contract cancellation option agreement fee from the restocking fee. If the dealer did not charge for the contract cancellation option agreement and sold or transferred title of the vehicle the buyer used as a down payment or trade-in, the fair market value or value stated in the sales contract must be refunded, whichever is greater.
Contract Cancellation Option Agreement Vehicle Returns:
The dealer must provide a full refund of the sales tax, registration fees, and deposit or trade-in vehicle collected from the buyer. If the buyer did not return the vehicle by the standards above, the dealer may refuse the return of the vehicle; however, a written notice must be provided to the buyer.
If the dealer fails to comply with the Car Buyer’s Bill of Rights, you may complete and mail a Record of Complaint F.
What kind of lawyer do I need to sue a car dealership in Texas?
Buying a vehicle can be difficult. Customers sometimes feel anxious about their transportation needs, and dealership sales staff often cross the boundary between bold salesmanship and illegal practices. Fortunately, several state and federal laws protect Texas consumers when unscrupulous dealers act dishonestly toward their customers.
If you think you have been a victim of auto fraud, contact Allen Stewart. The consultation is free. Whether the dealer advertised one thing and delivered another, misrepresented the car’s past history, or packed the contract with items and services you never bargained for, the auto fraud attorneys of Allen Stewart, P.C. can help you get the justice you deserve.
Misrepresenting the vehicle’s actual mileage through odometer tampering is a common fraudulent scheme. The National Highway Traffic Safety Administration (NHTSA) defines odometer fraud as the “disconnection, resetting or alteration of a vehicle’s odometer with the intent to change the number of miles indicated.” NHTSA states that more than 450,000 vehicles are sold every year in America with false odometer readings. And not knowing your car’s true mileage can cost you thousands in repairs. NHTSA estimates that odometer fraud costs American car consumers more than $1 billion each year. Texas consumers can use both the Federal Odometer Act and the Texas Deceptive Trade Practices Act to sue dealers in cases of odometer fraud.
Other forms of auto fraud include spot delivery scams, incorrect credit scoring and failing to disclose a new vehicle’s damage history. Spot delivery scams happen when a consumer finances a vehicle through the dealership under a lower interest rate only to have the dealer claim the financing “fell through” after the consumer takes possession of the vehicle. The dealer then convinces the consumer to return and sign new paperwork under different, less favorable terms.
Incorrect credit scoring scams occur after a consumer finalizes price negotiations with the salesperson. The dealership’s loan officer then tells the consumer their credit score disqualifies them from financing, or financing at a specified promotional rate. Customers either must finance the vehicle at a higher interest rate or walk away entirely.
Sometimes dealers commit fraud by concealing a vehicle’s damage history. If the dealer hides or lies about past crashes, damage stemming from neglect or flood damage, or knowingly provides you with an inaccurate history for the vehicle, the dealer has violated the law.
If your vehicle dealer used any of the above methods that you relied on to buy your vehicle, you may have a valid legal claim. If you suspect that the dealership dishonestly sold you your vehicle, contact us today.
Auto dealer fraud attorneys in Texas use the Texas Deceptive Trade Practices Act when pursuing auto dealer fraud cases. The DTPA protects consumers against false, deceptive and misleading business practices of all kinds including auto fraud. The Act, enacted in 1973, de
Can I sue a dealership for not giving me a title in Missouri?
So if the dealership didn’t give you the title at the time you took possession of the car (generally they do not, especially buy here pay here dealers), you can sue to rescind (legally reverse the sale). You will likely need to speak to an experienced auto fraud or consumer protection attorney.