how to find a lawyer when your car was sold to you with damage

If a dealer sold you a damaged car without providing a disclosure about the damages, you have the option of reporting the dealer to the state or filing a lawsuit. Calling the State If you suspect you’ve been scammed by a dealer, consult your state’s consumer protection agency, which is often the state’s attorney general.

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How can an auto lawyer help me buy a bad car?

 · Contact Us. Auto Lawyers that Deal with Car Dealerships. by Consumer Action Law Group. We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: You bought a car and paid more than the advertised price.

What should I do if my car dealership sold me a bad car?

 · You should hire an auto dealer lawyer if your car dealer sold you a bad car by lying to you. Your dealer could have lied to you by selling you a ‘lemon car’ or by not disclosing any accident or damage done to the car. In either case, you can sue your dealer for selling you a bad car or one with structural damage to the car. If you bought a lemon car, your best option would …

Can I sue a used car dealer for damages?

 · If the car dealer sold you a used car with frame damage, and you were not disclose by the car dealer or warn you about the problems before making the purchase, you may be a victim of auto fraud. Our auto fraud attorneys can help you sue the dealership for selling you a frame damage car without disclosure. If your goal is to return the frame damage car back to …

What happens if a dealer sells a damaged car without disclosures?

 · In order to sue a car dealership for misrepresentation, the individual must show: The car dealer omitted or misrepresented material facts regarding the vehicle; The individual suffered a financial loss as a result; and. The individual would not have purchased the vehicle if they were aware of the material facts at issue.

What can I do if a car dealer ripped me off?

File an official complaintIf you have concerns about false advertising, you can report the dealership to the Federal Trade Commission.If there was a problem with your contract or your loan terms, report the dealer to the consumer protection office in your state.More items...•

What is considered a faulty car?

Defect: While any issue with a vehicle may technically be considered a "defect," motor vehicle defects law is primarily concerned with defects in systems that support the vehicle's safe operation, such as acceleration, braking, and steering; or those systems designed to protect the vehicle's occupants, like seat belts ...

How does Florida lemon law work?

Under Florida Lemon Law, vehicles are eligible if they suffer from defects that haven't been repaired “within a reasonable number of attempts” by the car dealership. After these attempts, consumers must send a final opportunity for the manufacturer to repair the defect if they wish to take action under the Lemon Law.

How do you know if a car dealer is ripping you off?

There are still tricks on how car dealerships rip you off, whether in the showroom or online....Here are some common red flags to be aware of:Financing To Meet Your Monthly Payment. You know your budget better than anyone. ... Higher Financing Costs. ... Spot Delivery Scam. ... Extended Warranties. ... Extras. ... Being Rushed.

Can you return a used car if it has problems?

As mentioned, according to Section 56 (2) of the Act, consumers can return a car to a seller within a 6 month period, but only under certain conditions. Defects due to "wear and tear" will not count.

What is the most common vehicle defect?

What are the 10 most common vehicle defects?Seat belts. According to the National Highway Traffic Safety Administration, about 3 million people are injured from failed seat belts. ... Airbags. ... Fuel Systems. ... Door Latch Mechanisms. ... Steering Components. ... Braking system. ... Tires. ... Windshields & Windows.More items...•

Does Florida Lemon Law apply to cars?

Florida's Lemon Law applies only to new or demonstrator motor vehicles or recreational vehicles sold or long-term leased in the state. There is no Lemon Law for used cars in Florida.

How do I file a complaint against a car dealership in Florida?

The Consumer Services Division Hotline is 1-800-HELPFLA (1-800-435-7352). All other complaints against license Florida dealers should be filed with the Department of Highway Safety and Motor Vehicles at the regional office responsible for the dealership.

How long do I have to return a used car?

within 30 daysProblems with cars bought from dealers (For a used car, “satisfactory quality” takes into account the car's age and mileage.) You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases. After 30 days, you lose the short-term right to reject the goods.

What should you not say to a car salesman?

10 Things You Should Never Say to a Car Salesman“I really love this car” ... “I don't know that much about cars” ... “My trade-in is outside” ... “I don't want to get taken to the cleaners” ... “My credit isn't that good” ... “I'm paying cash” ... “I need to buy a car today” ... “I need a monthly payment under $350”More items...•

How do you beat a car salesman at his own game?

10 Negotiating Tips to Beat Salesmen at Their Own GameLearn dealer buzzwords. ... This year's car at last year's price. ... Working trade-ins and rebates. ... Avoid bogus fees. ... Use precise figures. ... Keep salesmen in the dark on financing. ... Use home-field advantage. ... The monthly payment trap.More items...•

What should you not do at a car dealership?

7 Things Not to Do at a Car DealershipDon't Enter the Dealership without a Plan. ... Don't Let the Salesperson Steer You to a Vehicle You Don't Want. ... Don't Discuss Your Trade-In Too Early. ... Don't Give the Dealership Your Car Keys or Your Driver's License. ... Don't Let the Dealership Run a Credit Check.More items...•

What happens if you buy a car and it breaks down?

You bought a car and later found out that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

Can a used car be a lemon?

However, there are times when used cars qualify as lemons. A used car may be a lemon when it is sold with a warranty and the car breaks down while it is under the warranty period and the same problems keep persisting [even past the warranty period].

What is a lemon car?

Usually, lemon cars are new cars that have a defect that cannot be fixed. However, there are times when used cars qualify as lemons. A used car may be a lemon when it is sold with a warranty and the car breaks down while it is under the warranty period and the same problems keep persisting [even past the warranty period]. Many people use the word lemon to describe a car that keeps breaking down, but to be a true lemon, the car must be covered under a warranty [at least for a while].

Can a dealer misrepresent a warranty?

Vehicle dealers are prohibited by federal law from misrepresenting either the mechanical condition of a vehicle or the terms and conditions or the existence of a warranty for a vehicle . If an individual has relied on a false or misleading claim when purchasing a faulty vehicle, they may have a claim against the automobile dealer ...

What is breach of contract damages?

In a breach of contract case that deals with a negligent misrepresentation, damages are typically limited to financial damages. Typically, a court does not award damages for personal injury, emotional injury, or pain and suffering in these types of cases. The plaintiff may also be entitled to an equitable remedy.

Is negligent misrepresentation a civil wrong?

Pursuant to both real estate and contract law, negligent misrepresentation is a civil wrong . Negligence involves an individual’s duty to act reasonably under a given set of circumstances. If an individual is a victim of negligent misrepresentation, they may be able to sue for money damages in a court of law.

What is representation in a case?

A representation is a statement, such as “the brakes work just fine,” that can be proven to be true or false.

What is an equitable remedy?

The plaintiff may also be entitled to an equitable remedy. An equitable remedy is a type of remedy which is non-monetary. One example of an equitable remedy is contract rescission.

What is fraudulent misrepresentation?

Fraudulent misrepresentation can be defined as any type of false statement or lie that is used to trick an individual into an agreement. The misrepresentation may occur in many ways, including: Written words; Spoken words; Gestures or body motions, such as a nod, and. Through silence or inaction.

How to sue a car dealership?

These are some of the issues that make a case strong when filing a lawsuit against a car dealership: 1 Not disclosing prior engine defects, major repairs, prior accidents, prior frame damage, prior rental use 2 Selling the vehicle for more than the advertised price 3 Collecting deferred down payments 4 Increasing the amount of the down payment from the amount agreed upon 5 Changing the sale price or monthly payments that were agreed upon 6 Failing to disclose the price of a trade-in vehicle in the contract 7 Adding options without disclosing to the buyers 8 Up charging for accessories that weren’t needed and were labeled as “required” 9 Changing the amount of a monthly payment or the interest rate 10 Backdating contracts, where car dealerships ask buyers to come back at a later time and sign a second contract

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

Do used cars have problems?

A salesman at the car dealership often tries to make buyers believe they got a deal, but in reality, used cars often have problems that buyers don’t know about. Many used car dealers sell cars with frame damage and defective engines. Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers ...

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

Can you sue an auto dealer for fraud?

If you believe you have been the victim of auto dealer fraud by way of misrepresentation, you may very well be able to file a lawsuit. Some states will require you to contact the dealer first to give them the opportunity to correct the matter or to speak with a state consumer protection agency.

What are the laws against car dealers?

There are several federal and state statutes in place that prohibit car dealer fraud and misrepresentation. While “ lemon laws ” cover the sale of defective vehicles, car dealer fraud laws are meant to protect consumers looking to purchase a car, truck, van, or motorcycle.

What is lemon law?

While “ lemon laws ” cover the sale of defective vehicles, car dealer fraud laws are meant to protect consumers looking to purchase a car, truck, van, or motorcycle.

What are the two types of misrepresentations?

There are two basics types of auto dealer misrepresentations: omissions of fact and blatant misrepresentations. Most lawsuits will be filed under a theory of “ bait and switch " advertising practices, deceptive inflation of vehicle prices, and failure to disclose information about a vehicle.

What happens if a dealer sells you a car without disclosure?

If a dealer sold you a damaged car without providing a disclosure about the damages, you have the option of reporting the dealer to the state or filing a lawsuit.

Is it illegal to buy a used car?

Tricks to Buying Used Cars. It’s illegal for a dealer to sell you a damaged vehicle without disclosing the car’s condition, but some do. They may use illegal practices to conceal a vehicle’s checkered past or omit the car’s previous problems when talking it up to a customer.

What is the lemon law?

Use the “Lemon Law”. The Song-Beverly Consumer Warranty Act, also known as the “lemon law,” protects consumers if they purchase a new vehicle that is damaged or otherwise inferior. Under the lemon law, you must report the problem in writing to the manufacturer while the vehicle is still under warranty or within one year of purchase, ...

What is the Song-Beverly Consumer Warranty Act?

The Song-Beverly Consumer Warranty Act, also known as the “lemon law,” protects consumers if they purchase a new vehicle that is damaged or otherwise inferior. Under the lemon law, you must report the problem in writing to the manufacturer while the vehicle is still under warranty or within one year of purchase, whichever is earlier. ...

What is curb stoning?

In a practice known as curb stoning, dealers enlist a salesman to sell the damaged car through the classifieds as though it’s a private-party sale. Before you hand over any of your hard-earned cash to a stranger, check the car’s title history, which may reveal the vehicle recently changed hands or that the name on the title is different from ...

How to sue a car dealer?

To successfully sue a used car dealer, you must be able to prove that: 1 you suffered a financial loss (this is not hard if you had to pay for repairs), and 2 the dealer is legally responsible for your damages.

Can you sue a used car dealer?

To successfully sue a used car dealer, you must be able to prove that: you suffered a financial loss (this is not hard if you had to pay for repairs), and. the dealer is legally responsible for your damages. This second point is often harder to prove. Almost surely, the used car dealer will testify that he or she had no way ...

Can you use lemon law on used cars?

Your state's lemon law may apply to used vehicles. In some states, the lemon law applies to used as well as new cars. Check to see if your situation is covered. Argue fraud. If the car broke almost immediately after you took it out of the used car lot, you can file in small claims court and argue that you were defrauded.

What happens if a car breaks after you take it out of the lot?

Argue fraud. If the car broke almost immediately after you took it out of the used car lot, you can file in small claims court and argue that you were defrauded.

What is implied warranty?

There are two types of implied warranties. One type–the implied warranty of fitness–means that the vehicle is warranted to work for a particular purpose (say, consistency). The more common implied warranty is for merchantability.

What happens if you stop making payments?

Your credit rating will suffer. If you stop making payments, it will appear as a default on your credit report and will affect your credit score significantly, so think very carefully before choosing this course of action. How to find signs of fraud.

What does "clean up your act" mean?

If you clean up your act, which means taking care of all complaints against you and seeing that there are no more, we will close your file.

Can a mechanic keep your car if you don't pay the bill?

A lien is a legal claim for property that has been improved or otherwise serviced. The mechanic may keep and ultimately sell your car if you do not pay the bill on time.

What is a lien on a car?

A lien is a legal claim for property that has been improved or otherwise serviced. The mechanic may keep and ultimately sell your car if you do not pay the bill on time. This applies even if your car is an $80,000 luxury vehicle that received a $35 oil change.

What is UDAP law?

All states have some kind of law addressing consumer protection against unfair and deceptive acts and practices (sometimes referred to as UDAP). They can vary from one state to the next. These laws address a wide variety of practices, including things like: No predatory lending and automobile sales.

Can you get a salvage title if your car is damaged?

If your car was damaged to the point of being considered a total loss by the insurance company, you may be able to get the car repaired and drive it under a salvage title. In most states you must disclose that your car has a salvage title when negotiating the trade-in. Car insurance companies report totaled vehicles to the National Motor Vehicle ...

Do you have to disclose a salvage title?

In most states you must disclose that your car has a salvage title when negotiating the trade-in. Car insurance companies report totaled vehicles to the National Motor Vehicle Title Information System, so if your car was totaled, the vehicle identification number would be flagged as such on a vehicle history report.

Can you get a salvage title if you have a total loss?

Salvaged Title. If your car was damaged to the point of being considered a total loss by the insurance company, you may be able to get the car repaired and drive it under a salvage title . In most states you must disclose that your car has a salvage title when negotiating the trade-in. Car insurance companies report totaled vehicles to ...