Free Buyer GuidesSouthern California Used Car Fraud Lawyer
What Is Used Car Fraud?
Even if you bought a used vehicle, you still have rights in California. If the vehicle is fairly new, its original manufacturer's warranty may still apply and will allow you to bring a lemon law claim. If the vehicle came with a dealer's warranty, you can also bring a claim that the warranty has been violated. If the vehicle came with no warranty -- that is, it was sold "as is" -- or with a service contract, you may still be able to bring a claim for used car fraud.
Used car fraud is forbidden by the California Consumer Legal Remedies Act, which prohibits used-vehicle dealers and other retailers in California from using unfair and deceptive business practices to sell their goods. That means dealers may not lie to or mislead customers. They are also legally obligated to disclose any material defect in the car, which includes a past wreck or a former life as a rental. If you ask a question, dealers must tell the truth, even if the truth is that they don't know the answer. If dealers are advertising their cars as fully serviced and inspected, they have a legal obligation to actually inspect it, fix material defects and disclose any remaining problems. You also have the right to get the car inspected before you buy.
Common types of used car fraud include:
- Rolling back the odometer.
- Not disclosing that the car is a "lemon buyback".
- Not disclosing that the vehicle has a "salvage title."
- Not disclosing that the vehicle used to be a rental, a demonstrator or was previously sold and returned.
- Quoting a lower price than the one on the contract, or charging you for features you were told were free.
- Contracts that are incorrectly dated, forged or not provided to you.
Victims of used-car fraud should go to the dealer first to ask for a refund or exchange (or any service you're entitled to under a contract or warranty). If the dealer won't play fair, you may have to file a lawsuit to get your money back. You have three years from the day you bought the car to bring such a claim. In a used-car fraud lawsuit, you can recover what you paid for the car and all of its repairs; any money you paid for alternative transportation and other costs, attorneys' fees; and anything else the court thinks is fair. In cases of extremely illegal behavior by dealers who knew better, you may be able to get punitive damages, which are designed to punish wrongdoers financially.