Our auto fraud lawyers file lawsuits on behalf of car buyers when we see acts of dealer fraud. Our team of attorneys often finds evidence of a scam when a seller tries to conceal important information from the buyer.
Attorneys who pursue fraud claims typically accept cases on a contingency fee basis. This means that if you have been victimized by auto dealer fraud, you can probably retain counsel and file suit with little or no upfront cost.
How much are attorney fees for a car accident? It depends on the state of the car accident. For example, in Florida, attorney’s cannot charge more than 33 1/3% of any settlement before a lawsuit. In most car accident cases, the attorney only takes a fee on the personal injury claim.
Auto dealer fraud law consists of state and federal rules designed to protect consumers shopping for vehicles, and to punish dealerships that take advantage of their customers.
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.
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.
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.”.
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.
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.
Car loan fraud is quite common when a sales rep negotiates one price and payment, and later the finance rep negotiates a higher and different price and payment. A common dealership practice is telling customers that preferred lenders offer lower rates than a buyer’s credit union or personal bank.
The most common types of vehicle fraud cases include: Concealing and failing to disclose previous major repairs and engine defects. Concealing and failing to disclose previous frame damage. Concealing and failing to disclose previous rental use. Selling a vehicle for a higher than the one advertised.
If your car dealership wasn’t truthful, you have the option to sue them and get your money back. Our car fraud lawyers handle many types of cases which include, but are not limited to:
Car loan fraud is a common practice when financing vehicles. For that reason, our experienced car loan lawyers take on fraudsters and lenders that engage in bad business practices.
Buyers are often not aware of financing fraud until they get in touch with car loan lawyers. If you feel your dealer was not truthful with you when your financed your car, contact a car fraud lawyer to get justice.
It is illegal for a dealer to require a buyer to use their lender for a purchase. Another deceptive dealership practice is failing to disclose the trade-in price of a car within the purchase contract. Buyers are often not aware of financing fraud until they get in touch with car loan lawyers. If you feel your dealer was not truthful with you ...
One common source of auto dealer fraud is when the auto dealer fails to disclose the used status of a vehicle.
Often, it comes down to whether it is worth the price of hiring a lawyer. Some considerations include: Assessment of Damages. For any civil cause of action, there are usually specific damages that the plaintiff may be able ...
Actual Damages. A person’s actual damages stem from the economic loss that they suffered due to the auto dealer’s fraud. In some auto dealer fraud cases, people may lose their down payment. In other cases such as those involving identity theft, the auto dealer may be alleged to have stolen the victim’s identity.
Some causes of action allow a plaintiff to request reimbursement for attorney fees. If the plaintiff is able to receive these damages, there is little consequence to pursuing the case since attorney fees and costs to bring forth the case may be reimbursed.
In some cases, a judge or jury may order punitive damages. This is more likely in cases in which the auto dealer’s actions are particularly egregious. Punitive damages are often calculated as a variable multiplied by other damages.
It depends on the state of the car accident. For example, in Florida, attorney’s cannot charge more than 33 1/3% of any settlement before a lawsuit. In most car accident cases, the attorney only takes a fee on the personal injury claim. In other words, attorneys rarely charge a fee on a settlement for damage to the car.
Most personal injury cases are worth under $1 million. If your case settles for an amount above $1 Million, our fees on any amounts above the first $1 Million are reduced according to the maximum amount allowed under the Florida Bar rules.
You usually want your doctor to say that the accident caused or worsened your injury. Of course, this assumes that it really did.
Yes, if this is stated in the attorney’s fee contract. For example, let’s look at contingency fees in Florida injury cases. In Florida, an attorney is required to say in the contract if the fee is taken before medical bills. But don’t get too excited.
Third, there are situations where your car (or health) insurance company may be entitled to get repaid from the settlement. If you have an attorney, your car (or health) insurance company may have to reduce its reimbursement claim by your pro-rata attorney’s fees and costs. This can result in a huge savings to you!
Hopefully, most personal injury attorneys are ethical. However, some lawyers are simply unaware of the costs for which a personal injury attorney cannot ethically or legally charge. When I was a young attorney, I had a very basic understanding of injury lawyer fees and costs.
Primary sources of auto dealer fraud law include the FTC regulations found at 16 CFR 455 (the Used Car Rule), other federal and state consumer protection laws, and the common law tort of fraud. To members of the public, vehicle purchases and leases are complicated transactions with which they may have little experience.
Auto dealer fraud law consists of state and federal rules designed to protect consumers shopping for vehicles, and to punish dealerships that take advantage of their customers. These laws deal with deception and unfair practices by dealers, as opposed to the sale of defective vehicles, which is the subject of a separate set ...
Most types of fraudulent activity that take place at auto dealerships can be characterized as either non-disclosures, or affirmative misrepresentations. Non-disclosures occur when a salesperson withholds information affecting the desirability or value of a vehicle.
Fraudulent dealers may rationalize their conduct based on a general attitude within the industry - especially the used car industry - that ingenuity in the sales process is acceptable, and that customers buy at their own risk.
Odometer fraud is one of these, and it does permit the new owner certain actions when he or she discovers the crime. Even though this is not a legal action, there may only be so much time to pursue a course after the odometer issue is revealed.