what kind of lawyer do i need to sue my car dealer

by Prof. Rollin Lakin Jr. 7 min read

An experienced auto fraud attorney will know when it is best to file a lawsuit and sue dealership service departments for not repairing a car after many attempts. The dealer fraud attorney at Consumer Action Law Group file lawsuits on a contingency fee basis, otherwise known as “no win no fee lawyers.”

Full Answer

What can I sue the car dealership for?

Sep 02, 2021 · 877-772-0643. website. Phone. Contact. Website. Answered on Sep 15th, 2021 at 11:37 AM. There is no lemon law for used cars. Unless its a warranty breach issue, and it seems this is not covered by the warranty, you are essentially stuck. You will need to find the source of the leaks and have it repaired at your expense.

How can I sue a car dealer?

Our Partnered Auto Fraud Attorneys Can Sue The Car Dealer For You. Our legal partners can sue the dealership if the car dealer has done any of the following: Selling the vehicle for more than the advertised price. Hiding and failing to disclose prior accidents. Hiding and failing to disclose prior use as a rental car.

Can a car dealership be held liable for selling?

In many states, the department of motor vehicles licenses used car dealers and can be very helpful in getting disputes resolved, particularly where your complaint is one of many against the same dealer for similar practices. Also, contact your district attorney's office. Most now have a consumer fraud division, which can be of great help.

Can I sue the car dealership for selling a very?

Step 4: Serve the car dealership. If the car dealership is owed by an individual (not registered as a corporation or LLC) Once you file your California small claims court lawsuit, the next step is to notify the car dealership that they have been sued. This …

image

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

If you feel that a car dealership has ripped you off, you can take action by negotiating with a manager, filing an official complaint with a government agency, or—if all else fails—hiring an attorney to get your money back.Feb 4, 2022

Can I sue for yo yo financing?

This is a classic fraud. And yes, you may be able to sue over it, particularly if they lied to you and told you that you were already approved. If you've run into a yo yo financing scheme, call us at 657-845-3100, or e-mail us at contact@kneuppercovey.com.Nov 5, 2021

What is a yoyo transaction?

In a typical yo-yo transaction, the dealer cancels the original deal after a few days (or weeks in some cases) and forces the consumer to return to the dealership with the newly purchased car. The dealer presents a new deal with a higher interest rate or larger down payment required to keep the car.

What is a yoyo sale?

The “Yo-Yo” Sale happens when the buyer gets a call from the dealership claiming that the financing for the vehicle has fallen through and that the lender requires a change to the purchase agreement such as a co-signor, a larger down payment, a higher interest rate, a change in the length of the loan, the removal of a ...

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.

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 is the job of a D.A.?

In theory, the D.A.'s only job is to bring a criminal action, which will be of no direct aid in getting your money back, but in practice, negotiations can often result in restitution. In plain words, this means that the car dealer may be told, "Look, you're right on the edge of the law here (or maybe over the edge).

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 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.

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 ...

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 ...

Common types of small claims lawsuits against car dealerships

We often receive the question, can I sue a car dealership in small claims? The answer is yes as long as the dispute is for $10,000 or less (more on this below).

How much does it cost to sue a car dealership in small claims?

So how much are you going to spend by suing a car dealership in small claims court?

How much can you sue a car dealership for in small claims?

In California, you can sue a car dealership for a maximum of $10,000 if you are an individual. If you are a business suing a car dealership, you can sue for a maximum of $5,000. Note, if you are a sole proprietor, you count as an individual.

How to file a small claims lawsuit against a car dealership

In order to sue in California small claims, you need to be able to correctly name the person or business you are suing. Identifying whether the car dealership is doing business as an LLC or Corporation is very important. Alternatively, the business may be owned by a person, known as a "sole proprietorship."

What is a small claims court hearing like?

Small claims hearings in California small claims are informal and most hearings last around 15 minutes. While many disputes settle before the hearing, here is what to expect if your lawsuit does not settle.

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 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 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.

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:

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 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

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 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 ...

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.

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.

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.

What does a contract not accurately reflect?

The contract may not accurately reflect that there were pre-existing issues that were not mentioned in the contract. Some contracts may attach extra options and accessories, such as a warranty plan, that a car buyer was not informed about when purchasing a vehicle which resulted in an increase in the total price. 3.

Can you sue a dealership for not repairing a car?

Many buyers are forced to spend money trying to fix engine problems and mechanical issues after buying a defective car. An experienced auto fraud attorney will know when it is best to file a lawsuit and sue dealership service departments for not repairing a car after many attempts.

Can you talk to a car dealership lawyer?

You can talk to our car dealership lawyers if you have any suspicion of being a victim of auto fraud. If you have any car dealership problems, here are some of the remedies that our attorneys can get for you.

Can you return a car if you don't want to?

In some cases, if you don’t want to return your car and still have issues with the vehicle, our car dealership attorneys can help you keep your car and make the dealer pay for the repairs. These pre-existing damages that were not previously mentioned when buying the vehicle have a potential case for the dealer to repair at no cost to you.

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.

Answers

You can ask for your monies back plus the amounts you have had to pay to renew tags. Further, what this dealership did pretty much looks like fraud or unfair and deceptive trade practices. If you paid in cash, contact the Washington State Office of the Attorney General, file a complaint and see if that agency can help you sort this mess out.

image