what kind of lawyer do i need if i want to sue a dealership

Full Answer

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...•

Can I sue a dealership for not giving me a title in Texas?

You Can Sue the Dealer For Not Giving You the Title Consumers can file a complaint with the MVA when the dealer will not provide the title.

How can I get out of a car dealership contract?

How to Get Out of a Signed Contract for Buying a CarTalk to the Dealership. Talk to the manager at the dealership and explain why you cannot go through with the purchase. ... Check Your Vehicle Purchase Agreement. ... Look Into State Lemon Laws. ... Refuse the Car Delivery. ... Considering Other Options.

How do I sue a car dealership in Texas?

Filing a ComplaintFor the fastest processing of your complaint, go to the Motor Vehicle Dealer Online Complaint System.Following the directions, provide a copy of the sales contract and other documents you may have received from the dealer.More items...

Is title jumping a felony in Texas?

The fraudulent transfer of a motor vehicle is a state jail felony in Texas. If the value of the car fraudulently transferred is in excess of $20,000, you face a third degree felony charge. Under Section 12.34 of the Texas Penal Code, a third degree felony is punishable by imprisonment 2 – 10 years in prison.

Can a car dealership take a car back after you signed a contract?

A customer may take delivery of a car on a Friday, drive around for the weekend and suddenly see something that is much more appealing. But once you've signed the deal, this is binding. And a dealer will only allow you to take delivery once the payment has registered after the money has in fact changed hands.”

Can you return a car to a dealership?

If you don't like the car, you can exchange it for one you do like or get a refund. In addition, some dealerships have exchange programs where you have a limited number of days to exchange the vehicle. Always get a dealership's return policy in writing.

Can I sell my car back to the dealership?

If you've leased the car, you're in a somewhat different situation. Obviously, you can't sell it. You can return the vehicle to the dealer, but if it's before the lease expires, you'll likely face some stiff early termination fees.

Can I cancel a car loan after signing?

Can You Back Out of a Car Loan After Signing? If you're unhappy with the sale price of your new car, or think you got too little for your trade-in, chances are you won't be able to alter those terms after the deal has been signed. If you signed the sales contract, you own the car.

Can I return a used car to a dealership in Texas?

Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier.

How long do you have to return a car in Texas?

30 days, as long as you bought the car in Texas. The question of “how long can a mechanic keep my car” changes, however, if the situation doesn't involve defect-related repairs. Your mechanic has the right to keep your car and charge you for storage if you don't pay your bill.

What is the lemon law in Texas?

The Texas Lemon Law is a state law administered by the Texas Department of Motor Vehicles that helps consumers who buy or lease new motor vehicles and have repeated problems getting their vehicles properly repaired under the manufacturer's original warranty.

What is a fraud claim after buying a car?

These claims are often called fraudulent nondisclosure or misrepresentation by omission.

What can an experienced lawyer do for you?

An experienced lawyer can review your case, advise you on how to report the alleged fraud, and how to get compensated for your losses.

What are the remedies for a car accident victim?

Some possible remedies that the victim may be entitled to collect on include: Surrendering the vehicle and getting a full refund of all payments made toward the purchase. Canceling any outstanding loan balances or obligations. Having court costs and attorney fees reimbursed.

Can you sue a car dealership for lying?

Yes, you can sue a car dealership for lying to you in some situations.

Is it illegal to sue someone for misrepresentation?

This is illegal. It is unlawful and is known as fraud or misrepresentation. You are protected under consumer law and can choose to file a lawsuit with the help of an auto fraud attorney. This doesn't apply just to used cars. You can sue for issues with a new car as well.

Can you sue someone for car fraud?

A victim of vehicle consumer fraud will want to collect damages for their loss. If you believe you have been the victim of auto fraud by way of misrepresentation, you may very well be able to file a lawsuit.

Is car dealer scam on the rise?

Car dealer scams are on the rise and it is up to you to ensure your rights are protected.

Ronald Lee Burdge

Got a bad car and wondering if you can sue the dealer? Probably, but there is no way to tell without going over all your sales papers and listening to the whole story. But there are some general rules to help you figure it out. There is no used car lemon law in Kentucky. So that means you have to look at your sales paperwork first.

Scott Richard Kaufman

You need one of the best attys available anywhere, Ron Burdge. Find Ron here:

Is the attorney providing the answer serving as the attorney for the person submitting the question or in any attorney-client?

The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change.

Can I sue a car dealership for not giving me a title?

I have purchased a vehicle in full (cash) and I have not received a title from them. They didn’t tell us they didn’t have it till after we paid everything in full. I waited 2 weeks and they said that the it was processing and will only take a few more days, when I contacted the DMV they told me that the title isn’t even pending, and it would take 6-8 weeks. It has been almost a month since I purchased the vehicle. I can’t register my vehicle, so I have to keep renewing the tags.

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.

What happens if a dealer makes a promise?

Did the dealer make promises? If the dealer made any promises, either in writing or orally, about the good condition of the vehicle, he or she may be required to live up to them. Why? Because statements about a product that you rely on as part of deciding whether to purchase the product constitute an express warranty that the dealer breaches if the promise turns out to be a lie. This is true even if the seller had you sign a contract with an "as is" statement that disclaims all warranties, because an "as is" statement does not disclaim an express warranty if one is made. The key to winning this sort of case is to produce a witness to the dealer's laudatory statements about the vehicle, copies of ads that state the car is in good shape, and anything else that will back up your story.

What is the self protection device used in a car sales contract?

The principal self-protection device employed by used vehicle dealers is the "as is" designation in the written sales contract. The salesperson may praise a car to the sky, but when you read the contract, you will see it clearly stated that the seller takes absolutely no responsibility for the condition of the vehicle and that it is sold "as is."

Who is legally responsible for damages?

the dealer is legally responsible for your damages.

Do used car dealers have a good reputation?

Unlike new vehicle dealers, who are usually somewhat dependent upon their reputation in the community for honesty, a fair percentage of used vehicle dealers don't have a good reputation to start with and survive by becoming experts at self-protection. The principal self-protection device employed by used vehicle dealers is ...

Can you subpoena a car dealer?

Specifically, you might wish to subpoena the car dealer's records, including any that indicate the dealer's purchase price and the condition of the car when it was purchased. It might also be helpful to learn the name of the car's former owner, with the idea of contacting that person.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What to do if a mechanic refuses to fix a car?

If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action. In the event that the owner decides they want to sue, they should contact a local automotive lawyer for further assistance.

What Can I Do If a Mechanic Damages My Car While It’s Being Repaired?

For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, then damages will most likely be covered by the repair shop’s insurance.

What if My Car or its Contents are Stolen While in the Mechanic’s Possession?

Mechanics are legally required to take reasonable care to protect a person’s vehicle while it is in their possession. A mechanic may be held liable for a stolen vehicle, but only in certain situations. For example, if a mechanic carelessly leaves the keys to an unlocked car inside the vehicle, then the vehicle owner may hold them responsible for theft if it is stolen.

What Does Mechanic Liability Insurance Pay For?

Mechanic liability insurance is a specific type of insurance policy that is meant to protect mechanics and auto repair shops from liabilities that may arise as a result of unexpected accidents like property damage to a vehicle, faulty repairs, or if a customer waiting to pick up their car gets injured in the repair shop.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.