lawyer for vehicle being sold when not supposed to be

If you discover that your dealership sold you a car without a title, you need to speak to an experienced lemon law attorney right away. At The Liblang Law Firm, P.C., we have decades of experience helping people get what they deserve from dealerships that do them wrong.

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Why do I need a lawyer for a bad car sale?

Jul 09, 2021 · 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.

Can I sue a car dealership without a lawyer?

Aug 26, 2015 · The experience you can trust: Our attorneys that deal with car dealerships in Los Angeles have decades of experience and have successfully helped hundreds of clients win their cases against fraudulent car dealers. For FREE legal consultations and free case evaluation, call: (818) 254-8413.

Should I hire a lawyer for a car dealership fraud case?

Answer (1 of 20): I have worked in the accounting office of a car dealership for 6 1/2 years, and where I work I am personally responsible for trade-in payoffs. Here’s my two cents: First, I do understand why you see it as odd that the vehicle is already …

Can a dealer be liable for misrepresentation when selling a car?

May 20, 2017 · 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. If you believe that your dealership sold you a bad car, call our auto fraud lawyers for immediate help (and free …

What happens when a car salesman lies?

Can I sue a car dealership for lying in Texas?

Can you back out of buying a car after signing papers?

What qualifies for California lemon law?

Can you return a used car if it has problems?

What is the lemon law in Texas?

Can you walk away from a car deal after signing?

How much time do you have to back out of a contract?

Can you cancel a car deal after signing?

What is a lemon law buyback in California?

Is there a 30 day warranty on used cars?

Does California lemon law apply to private sales?

What to consider before calling a car dealership lawyer?

Before calling a car dealership lawyer you should consider getting all the necessary details ready for your auto fraud case. This includes knowing which parties are involved and the details of the damages, such as evidence of fraudulent sales practices. There are several actions that our car dealership lawyers can take to compensate you for your damages and help you spot signs of car fraud to continue a valid case.

How to sue a car dealership?

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: 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 an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

Why are auto lawyers so helpful?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

How long does it take for a car dealership to respond to a demand letter?

The dealership usually has 30 days to respond to the demand letter, but they do not always respond. In the event that the dealership gives no response, certain legal steps must be taken to legally force the dealer to compensate you for selling you a bad car. Usually, this is where the auto lawyer files a lawsuit against the dealership.

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

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 an exclusion.

Can a car dealer enforce your rights?

A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side.

Can you sue a car dealer in California?

Under California law, car buyers are legally able to sue their dealers for not telling the truth about the vehicle. Our legal team and lawyers against car dealerships gather evidence for a lawsuit against dealers that rip off buyers. Used car dealer fraud is common, if you are a victim, our lawyers who deal with car dealerships can help you get ...

What to do if your car dealership sells you a bad car?

Are you wondering what you can do if your dealership sold you a bad car? Depending on the problem, it’s possible to return your car and get your money back or have the dealer pay for the repairs and any pre-existing defects. When a dealer refuses to help, hiring an auto fraud lawyer usually changes the equation and forces a better outcome.

What to do if my car dealer sold me a lemon?

If you are asking, “my dealer sold me a lemon what can I do?” the simple answer is: call a lawyer! In California, lemon laws give the dealer 3 opportunities to fix the same problem when a car is still covered under the warranty.

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.

How long can a car be in the shop while being repaired?

The vehicle spent more than 30 days [total] in the shop while being repaired. If your car is considered a lemon, you are entitled to have your car replaced OR a refund of your car’s purchase price ( California Lemon Law ).

What to do if your car is a lemon?

Once you conclude that your car is a lemon, the best option is to call a lawyer to file a claim to get your money back and cancel the contract. A lawyer will have to make a formal claim with all of the paperwork from prior repairs. A good claim shows that all of the repairs were for the same problem, during the warranty period, and the problem was never fixed after 3 or more repair attempts.

Can you sue a car dealer for selling you 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 be to contact a lemon law attorney as the law applies differently.

Is a lemon a 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].

How to prove that a manufacturer is liable for your injuries?

To prove that the manufacturer was liable for your injuries or losses, you would need to show that: The motor vehicle had an “unreasonably dangerous defect” that was the cause of your injury; The vehicle was being properly used, in the manner that it was intended to be used; and.

Who is liable for product defects?

Any party to the product’s distribution chain may be held liable for product defect. Some examples of who could be held liable, and therefore may issue a recall, include: The product’s manufacturer, as previously mentioned; The party responsible for assembling or installing the defective product;

What is a motor vehicle defect?

In regards to a lawsuit or a car defects recall, a motor vehicle defect usually refers only to those flaws which create safety hazards. Or, those flaws that may result in the injury of the operator or passengers. Aesthetic flaws such as a botched paint job or a misplaced decal are usually not the subject of a vehicle defects claim.

What is a car defect?

The term “car defects” refers to any faults in a motor vehicle which are a result of the actions of the vehicle’s manufacturer. For the purposes of defect claims, the term “motor vehicle” can include trucks, vans, buses and motorcycles. Meaning, the term is not limited to passenger cars; however, it does not include boats, ...

What are the Federal Motor Vehicle Safety Standards?

Federal motor vehicle safety standards are responsible for setting the minimum performance requirements for those parts of cars that will most likely affect the operation of a vehicle. This includes but may not be limited to brakes, tires, steering wheel, or lighting.

How old is a vehicle that is recalled?

This would be referred to as a statute of limitations. If the vehicle now being recalled is more than eight years old, the owner may need to make the repairs themselves.

When is a recall necessary?

A recall of a vehicle becomes necessary when: The vehicle or car part does not comply with the Federal Motor Vehicle Safety Standard; and. There is a safety related defect in the vehicle equipment.

What is a mechanic's lien?

A lien is a legal claim for property that has been improved or otherwise serviced.

How to find a reliable mechanic?

Often the best way to find a reliable and affordable mechanic is through word of mouth or reading online reviews .

What does it mean when a mechanic fails to put in an oil filter?

Let's say your mechanic fails to put in an oil filter after an oil change or fails to properly install a part. Failing to put in the proper part (s) falls under the category of unauthorized repairs.

Can a dealership mechanic do warranty repairs?

Many car owners limit the use of dealership mechanics to just warranty-related repairs. General Repair Shops: While parts often cost more at service stations, as compared to dealerships, labor often is less expensive. However, finding a skilled, honest, and affordable mechanic can sometimes be tricky.

Do mechanics have to give a cost estimate?

Several states require mechanics to provide consumers with a cost estimate before they begin any car repair work. Most repair shops are more than willing to provide one anyway.

Is it easy to find a good mechanic?

Car repairs happen from time to time. Finding an honest mechanic at a fair price is not always easy for everyone. Worse yet, it is difficult for most people to identify mistakes or short cuts that are taken by mechanics. That is, at least until something goes wrong!

Can a repair shop keep your car?

If you decide you do not want to pay for the services provided by a car repair shop, the shop may be legally entitled to keep your car.

What happens if a car dealer doesn't disclose an accident?

If the car dealer did not disclose an accident, it is important to pursue your rights. Some consumers are hesitant to pursue their rights or delay doing so for one reason or another. This may only cause problems in the future. Once you learn that the car dealer didn’t disclose an accident, you must act fast.

What happens if you buy a car without knowing it?

Consequently, when you buy a previously damaged vehicle from the dealer without knowing about it, you immediately lose money, since once you sign the purchase contract and leave the lot, you agree to paying a higher amount than what the vehicle was worth at that moment because of the diminution in value attributed to the prior accident damage. ...

What document does a dealer use to disclose if a car was involved in an accident?

Dealers usually disclose whether the car was involved in an accident in a document called “Buyer’s Guide. ”. If the Buyer’s Guide or other documents provided to you prior to purchase disclosed the fact that the vehicle was involved in an accident, according to our research and experience you will not have a claim.

What is the number to call to discuss a certified preowned vehicle?

Legal matters are subject to various outcomes. Call us at 747-777-2977 to discuss your specific matter.

What is the most likely case in California?

Short answer is: most likely. California law defines four main instances where one party to the transaction has a duty to disclose facts to the other party. These apply to dealerships that are selling you a car. In layperson terms, these instances occur when (1) the dealer has exclusive knowledge of material facts about ...

What happens if you drive a vehicle without making a claim?

Forth, if you continue driving a previously damaged vehicle for an extended period of time without making a claim, it will be very hard for you to convince the jury that you would have never bought that vehicle had you known that the vehicle was involved in an accident. To sum up, do not delay hiring an experienced counsel.

What is salvage title?

A car is branded a salvage when it is damaged to an extent that it is cheaper for the insurance company to declare the car a total loss, to auction it off, and to pay the fair market price of the car to its owner, than to repair the car. So, the cars that have been ‘totaled’ or have a salvage title are practically either irreparable cars or cars that the insurance company decided are too expensive to repair. Cars with a frame or structural damage can have a clean title. This can happen due to at least three reasons: (1) there was no policy of insurance that would cover the damage to the car so someone repaired or tried to repair it on their own and the car was eventually sold to you; (2) It had a frame or structural damage which was not impossible to repair, at least in theory, so it got repaired; (3) the insurance policy limit was not enough to pay the fair market value of the car to its owner, so the owner chose to take the full policy limit and to repair the car on their own. In all three instances you may end up with a car that has a clean title, but a frame or structural damage.

How to sue a car dealer?

Contact your local Better Business Bureau, state Attorney General or the Department of Motor Vehicles. You also might consider using a dispute resolution organization to arbitrate your disagreement. Under the terms of many warranties, this might be a required first step before you can sue the dealer or manufacturer. Check your warranty to see if this is the case.

How long do you have to cancel a used car?

Dealers aren't required by law to give used car buyers a three-day right to cancel. The right to return the car in a few days for a refund exists only if the dealer grants this privilege to buyers. Dealers may describe the right to cancel as a "cooling-off" period, a money-back guarantee or a "no questions asked" return policy. Before you purchase from a dealer, ask about the dealer's return policy, get it in writing and read it carefully.

What is implied warranty?

State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties —unspoken, unwritten promises from the seller to the buyer. But dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.

What is dealer sticker price?

Dealer Sticker Price, usually on a supplemental sticker, is the Monroney sticker price plus the suggested retail price of dealer-installed options, such as additional dealer markup (ADM) or additional dealer profit (ADP), dealer preparation, and undercoating.

What is a buyer guide for a used car?

The Buyers Guide gives warranty and other information about the vehicle.

Do you have to tell a dealer that warranty service is needed?

You only have to tell the dealer that warranty service is needed in order to get it, unless the dealer can prove that it's reasonable to require you to do more. (Read about the difference between a full and limited warranty .)

Can a break down after a sale be a breach of warranty?

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale might be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

When to consider hiring an attorney for a car repossession?

When to Consider Hiring an Attorney. The lender must meet certain legal requirements when repossessing and reselling your car. If the lender messed up in some way during the repossession process , this could constitute a defense to the deficiency action.

What happens if you take a car and keep it?

If the lender repossessed the car, but kept it, there's no deficiency.

What happens if a lender gets a deficiency judgment?

Once the lender gets a deficiency judgment, it generally may garnish your wages, or other income, or bank accounts.

What happens if a lender waits too long to sue you?

If the lender waits a long time to sue you, the statute of limitations—the time period in which the lender must file the suit—might have passed. (For more information, see Nolo's Chart: Statutes of Limitations in All 50 States .)

What happens if a car loan is repossessed?

If your car-loan lender repossesses your car, van, truck, SUV, or other motor vehicle, it might sue you to recover any money you still owe on the vehicle loan (called the deficiency). If this happens, you'll need to decide if it is worth paying for an attorney to help you. In some cases, hiring an attorney might make the difference between having ...

What happens if you return a car that you voluntarily returned?

If your lender promised to forgive the deficiency if you voluntarily returned the car, this could prevent it from getting a deficiency judgment later on. (Be aware that if the lender forgives $600 or more, you'll likely get a Form 1099-C or 1099-A, and the IRS will expect you to report the forgiven balance as income on your tax return.)

Can a lender accept a lump sum?

The lender could be willing to accept significantly less than you actually owe if you can come up with a lump sum instead. Alternatively, if you don't have a lump sum available to settle the account, you might be able to negotiate an affordable repayment plan.

What happens if a dealership sells you a car without a title?

What Happens When a Dealership Sells You a Car Without a Title? When a dealership sells you a car without a title can create big problems for you as a used car buyer. Michigan law requires sellers, including dealerships, to have a valid title in their “immediate possession” before listing the car for sale. Stolen vehicles, duplicate titles, and ...

Why wouldn't a dealership have a title?

Why Wouldn’t a Dealership Have a Car’s Title? But sometimes, a dealership comes into possession of a vehicle without a title. They may have accepted a trade-in from a customer who didn’t have the paper title to sign or who failed to pay off the car loan.

How long does it take to get a car title registered?

In most cases, you won’t know there is a problem with your car’s title until you try to register it with the Secretary of State. Car buyers have 15 days after the sale of the vehicle to get it registered. It is entirely possible that your trade-in will be sold during those two weeks.

What is a title in Michigan?

A title is the piece of paper that documents who owns a vehicle. Without that piece of paper, you cannot be recognized as the owner of the vehicle. That means you can’t register it, insure it, or take a loan out using it as collateral. Anytime ownership of a vehicle passes from one person (or company) to another, the title must be transferred and registered with the Michigan Secretary of State. The piece of paper must be signed to transfer ownership and travel with the vehicle from owner to owner.

When you buy a new car, do you expect to become the owner?

By Dani Liblang September 18, 2019. October 4th, 2019 11 Comments. When you buy a new car, you expect to actually become the owner of the vehicle . But far too often, the dealership sells you a car without a title. When that happens, it can create a cascade of problems that leave you without any vehicle at all.

Can you register a stolen car in Michigan?

And that can cause problems for you at the Secretary of State. Without a properly executed title, you cannot register your vehicle with the Michigan Secretary of State.

Can a dealership give you the fair market value of a trade in?

As a consumer, you have the right to demand the company give you the fair market value of that trade-in as part of refunding you the value of the bad sale. However, when a dealership isn’t following the law about title transfers, it will often compound the problem by refusing to give you what the car is worth.