How to Sue Car Dealerships for Bad Cars
Automobile dealer fraud is one of the leading consumer complaints in the United States. Misconduct may occur in the form of misrepresentation of vehicle history, false advertisement, financing fraud, and even selling used vehicles as brand new. Know your rights as a consumer. After determining you have a valid case, do not hesitate to sue a car dealership. In many cases, federal warranty statutes provide free legal help and allow you to obtain a partial or full refund at no cost.
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Instructions
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Document the problem. For instance, if your has car broken down three times within 30 days of purchase, save all receipts and written documentation regarding the issues with your automobile. As a general rule, always ask for car dealer promises and claims in writing. However, if a salesperson violated an oral agreement, be sure to document whatever she said while it is still fresh in your mind.
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Research your automobile's warranties. Many defects may be covered by the manufacturer and will not require you to file a lawsuit. Additionally, the federal government also enforces a 100,000-mile warranty that covers a variety of components related to carbon emissions. Many dealerships will not inform you of this regulation but it does exist. Consult your mechanic to find out whether your car's problems are covered in these warranties. Also, follow the guidelines in the warranty for contacting the manufacturer.
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Consult "lemon laws" in the state where you bought your automobile. For instance, California lemon laws" require the dealer to replace a vehicle that breaks down after a "reasonable number of repair attempts" as long as the car has less than 18,000 miles or is less than 18 months old.
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Visit your dealer and explain the rights guaranteed by your warranty and state law. If the dealer agrees to replace your vehicle, do not proceed. You will not need take legal action. However, if the dealer obfuscates or refuses to cooperate, a lawsuit may be your best option.
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Hire an attorney. Many attorneys specialize in automobile dealer fraud. Most attorneys will work on a contingency basis, so do not retain one who demands an upfront fee. Provide the lawyer with proper documentation of the situation.
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Sue the dealer. In this situation, your lawyer will handle the details. However, you may also want to hire a mechanic (not associated with the dealership that sold you the car) to inspect the vehicle. Mechanics should know about common defects of particular makes and models. Additionally, an expert can investigate whether the dealer tampered with the odometer to roll back the actual mileage. If the mechanic finds something amiss such as an engine with a broken cylinder, document the findings and take them to your lawyer.
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- Photo Credit lemon image by Aleksei Volkhonsky from Fotolia.com
