Free Buyer GuidesUsed Car Fraud in California Frequently Asked Questions (FAQ's)
Q: What should I do if I feel I am a victim of used car fraud and I cannot get the seller to cooperate?
A.Call Howard Silver at1-866-49-lemon (1-866-495-3666)
Q. Should the used car have a warranty?
A. If possible, yes. Although a written warranty may not always be available or may have a very short duration like 30 days, you are better off with a warranty than buying the automobile "as is".
Q. If you buy the car "as is" do you have any rights?
A. Yes. If the seller of the car misrepresents or fails to disclose its true condition, you may have the right to return the car and get your money back. In some cases you can recover your attorney fees and legal costs.
Q. Should you have the car inspected before you buy it?
A. Yes. One of the biggest mistakes consumers make is not having the car inspected by a mechanic before buying it.
Q. What should you do if the seller of the car refuses to let you have it inspected before buying it?
A. Don't buy it. If the seller refuses to allow you to have the car inspected before you buy it, maybe there is something wrong with it the seller doesn't want you to know about.
Q. How should you handle the financing of the car?
A. In some cases the consumer has poor credit and is forced to pay a high interest rate for the used car. Therefore, "shop" for the lowest interest rate for your purchase. Also, try to avoid buying a car that will probably not be around by the time you are finished paying for it.
Q. What is a "salvage" title?
A. In California, the title for all cars that are a "total loss" and then repaired must have this information. If the title of the car you bought does not have this information, you may be entitled to your money back.
Q. How can you tell if a car has been damaged and repaired before you buy it?
A. In many cases you cannot tell. Before buying the car you should have it inspected by a qualified person you trust.
Q. You found out that your used vehicle was "salvaged" but the seller didn't tell you. Can you get your money back?
A. Yes. According to California law, a car that has been deemed a "total loss" must be titled as such, and the information must be disclosed to consumers.
Q. Can you tell just by looking at it, whether a car is a salvaged vehicle?
A. Generally no. Although the phrase "total loss" suggests devastating damage, often salvaged vehicles can be restored to very high quality. The problem lies in cases where the car's body and interior were restored, but have other problems you can't see (such as a bent frame, or shoddy repair work to the engine or transmission). So it is a good idea to have a used vehicle assessed by an independent mechanic whom you trust before you buy it.
Q. The mileage on your odometer was inaccurate. Do you have the right to a refund?
A. Absolutely. Both California and Federal Law prohibit tampering with odometer readings. So, for instance, if you bought a car that looked like it had 20,000 miles on it but really it turned out to have had 60,000 miles on it, you should speak to a California odometer fraud attorney about obtaining a refund.
Q. What are some other kinds of used car fraud?
- A. Failure to disclose that the vehicle was a demonstration vehicle, rental, or manufacturer buyback (a. k. a "lemon") any other car that was sold and then later returned.
- Presenting an inaccurate or forged contract or failing to provide you with a contract.
Q. If you lack a warranty, do you still have rights as a consumer?
A. Absolutely. If the person or company who sold you the vehicle lied about or misrepresented the product, you may be able to return the car and get a refund. In certain cases, you may also be able to recover legal costs and attorney fees as well.