Saturday, June 8, 2024

How To Sue A Car Dealership In New York

What Is A Vehicle Registry

How to get a New York Dealers License in 6 Steps

A vehicle registry is the most basic form of ownership that you can have after you make a purchase. This title shows that you own the vehicle, and that the ownership has been properly transferred from the dealership to your name. Registering the vehicle needs to be done within 30 to 60 days of having the vehicle purchased, and will be on the dealership to complete the necessary paperwork and have it sent in on time. Title of the vehicle must be transferred to your name within 15 business days of the purchase.

How To Sue Your Car Dealer For Negligent Misrepresentation

If an individual is unable to establish the required elements for fraud, they may still have a claim against the car dealer for making negligent misrepresentations. The advantage of a negligent misrepresentation claim is that the plaintiff is not required to show that the seller was actually aware that the representation was false at the time it was made.

Instead, the plaintiff must only show that the car dealer made a representation or representations under circumstances which indicate a reckless disregard for the truth or that they ought to have known that the representations they made were not true. In order to prove a car dealer made negligent misrepresentations, the plaintiff must show:

  • A representation was made by the car dealer
  • That representation was false
  • The car dealer knew or should have known that the representation was false
  • The plaintiff relied on the representation made by the car dealer
  • It was reasonable for the plaintiff to rely on the representation made by the car dealer and
  • The plaintiff suffered damages as a result of relying on that representation.

It is much easier to prove that the car dealer should have known that the representation was false than to prove that the car dealer actually knew that the representation was false. If an individual is a victim of negligent misrepresentation in a contract, they may sue for the recovery of damages caused by that misrepresentation.

Floridas New Car Lemon Law

Floridas Lemon Law applies only to new or demonstrator motor vehicles or recreational vehicles sold or long-term leased in the state. There is no Lemon Law for used cars in Florida. When consumers buy or lease a new or demonstrator motor vehicle, they must receive the Consumer Guide to the Florida Lemon Law from the dealer or lessor. To obtain a guide, or to speak with someone about the Lemon Law, consumers in Florida may call the Lemon Law Hotline at 321-5366. Consumers outside of Florida should call 488-2221. for more information on the Lemon Law.

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Why Loss Is Difficult To Prove

Loss can be notoriously difficult to prove, especially in vehicle fraud. Generally, in order to succeed in court, the facts omitted must be serious enough that you would not have completed the sale if you had been aware of them. They must also directly relate to whatever form of loss you experienced.

Learning of scratches or peeling paint, for example, isnt sufficient to sue after an accident where the brakes quit working on the way home from the lot. Discovering that the dealer forgot to properly attach the brake line, on the other hand, would qualify because most people wouldnt buy a car without working brakes.

The problem for most plaintiffs lies in proving the connection between the misrepresentation or lie and the type of loss experienced. This is why its so important to work with a lawyer who understands the nuances of vehicle misrepresentation and fraud and keep good records, too.

Our Auto Fraud Lawyers Sue Car Dealerships For:

New York finds 104 car dealers not performing recalls on ...
  • Selling a 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
  • Hiding and failing to disclose prior frame damage
  • Hiding or failing to disclose prior engine defects and major repairs needed
  • Breaking up the down payment into amounts to pay later
  • Adding additional options or features without your consent

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Fraud Claims Against A Car Dealership

If your dealership outright lies to you, you may be able to sue for common law fraud.

Although state law varies, you generally need to establish the following:

  • The dealer made a false representation of a past or present material fact
  • The dealer knew their representation was false or was ignorant of its truth
  • The dealer intended to induce you to act
  • You act in reliance on the representation
  • You suffer foreseeable damages caused by the false representation

Note that there is a difference between fraud and misrepresentation. Fraud requires the dealer to know at the time they make a representation that it is false. Misrepresentation does not require that knowledge.

Car Dealer Liability For Misrepresentation When Selling A Vehicle

Vehicle dealers are prohibited by federal law from misrepresenting either the mechanical condition of a vehicle or the terms and conditions or the existence of a warranty for a vehicle. If an individual has relied on a false or misleading claim when purchasing a faulty vehicle, they may have a claim against the automobile dealer that sold them the vehicle.

In general, there are two types of claims which are related to deceptive automobile dealings, including:

  • Fraudulent misrepresentation and
  • Negligent misrepresentation.

Suing a car dealership for misrepresentation may be possible in certain circumstances. If an individual has already purchased a vehicle and later determines that something is wrong with it, they may have a cause of action against the car dealer.

In order to sue a car dealership for misrepresentation, the individual must show:

  • The car dealer omitted or misrepresented material facts regarding the vehicle
  • The individual suffered a financial loss as a result and
  • The individual would not have purchased the vehicle if they were aware of the material facts at issue.

In order to prove these issues, the individual will need to show that they inquired about the condition of the vehicle and that the salesperson denied there were any issues with the vehicle. An eyewitness to the misrepresentation would be extremely helpful to an individualâs case.

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Find Out How To Increase Your Chances Of Success With Used Car Dealer Lawsuits

By Diana Fitzpatrick, J.D.

Successfully suing used vehicle dealers can be tricky. 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 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.”

To successfully sue a used car dealer, you must be able to prove that:

  • you suffered a financial loss , 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 of knowing how long a ten-year-old Dodge would last and that, for this very reason, the car was sold “as is.” The dealer will then show the judge the written contract that not only contains the “as is” designation, but also “this written contract is the entire agreement between the parties and no oral statements or representations made by the dealer or any salesperson are part of the contract.”

Tips For Suing A Car Repair Shop In Small Claims Court

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If you find that you have a lawsuit in your hands and you have grounds to sue a car repair shop, you may do so in small claims court. Suing in small claims court comes with fewer costs because of inexpensive filing fees, no need for lawyers, and faster processes. Here are some of our tips for suing a mechanic in small claims court:

  • Make sure you sue the right business entity Figure out the right business or person to sue by looking at receipts or contact information for the car repair shop.
  • Get an estimate of the repair Find out how much it will cost for the repair shop to fix the damage that they caused. Get the estimate in writing as this can be part of the damages that can be awarded to you.
  • Document everything Prepare all the evidence that will support your case. This includes contracts, receipts, expert opinions from other professional mechanics, and others.

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Consider Filing A Complaint Against Vroom With The Dmv

  • Prepare the DMV complaint form.
  • Create an evidence packet to attach to the complaint form. For example, any contracts, receipts, disclosures, warranties, checks, pictures, etc. that are relevant to the DMV complaint you are filing against Vroom. We can create an evidence packet for you!
  • Mail the complaint and the evidence packet to the closest DMV investigations office to where you are located or to their Sacramento office. You can find a list of DMV investigative offices on the second page of the DMV complaint form.
  • Were You A Victim Of Auto Dealer Fraud

    You’ve come to the right place. If you’ve recently purchase a car and suspect some wrongdoing by the car dealer, you may be a victim of auto dealer fraud.

    An auto dealer fraud lawyer can help with unfair business practices such as failure to disclose damages, price packing, and misleading dealer add-ons.

    Use FindLaw to hire a local auto dealer fraud lawyer to assist you with problems like “bait and switch,” odometer tampering, and car warranty scams.

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    Suing A Car Dealership By Starting A Conversation

    If you were scammed into buying a bad car by a dealership, we want to hear from you. Call our auto fraud attorneys to discuss your situation now. We will review the documents from your recent used car purchase to determine what options are available for your case, and provide clear next steps for you to get the satisfaction you deserve.

    Our Partnered Auto Fraud Attorneys Can Sue The Car Dealer

    Autohändler: Der heiÃeste Auto

    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
    • Hiding and failing to disclose prior frame damage
    • Hiding or failing to disclose prior engine defects and major repairs
    • Breaking up the down payment into amounts to pay later
    • Adding additional options or features without your consent

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    Ag Schneiderman Announces Nearly $14 Million Settlement With Nyc And Westchester Auto Dealerships For Deceptive Practices That Resulted In Inflated Car Prices

    AG Investigation Uncovered Alleged Fraud At Paragon Dealerships, Two In Queens And One In Westchester Agreement Returns $13.5 Million In Restitution To 15,000 Consumers AG Announces Intent To Sue An Additional Eleven Auto Dealers Across New York City, Westchester And Long Island As Probe Continues A.G. Schneiderman: Deceptive Tactics Used By Some Car Dealers Cheats New Yorkers Cannot Be Tolerated Attorney General SchneidermanDepartment of Consumer Affairs Commissioner, Julie Menin

    • the purchase or lease of any new or used vehicle
    • certain services or maintenance, such as oil changes, tire rotations, tire repairs, and wheel alignments or
    • certain accessories, such as mats and replacement windshield wipers.

    Can I Sue A Car Dealership For Lying

    by Consumer Action Law Group

    If you are asking yourself can I sue a car dealership for lying? the most likely answer is yes. Car buyers have a claim against a car dealership when the true condition of the car purchased was not revealed during the transaction. Car buyers have the right to know the truth about the vehicle that they purchase. A car dealer who covers up or misleads a buyer about the defective condition of a vehicle is engaged in fraud.

    If you are wondering what to do when a car dealer is lying to you, discussing it with a lawyer to sue car dealerships can help you get a better understanding of your situation and get legal advice for car dealers claims. An experienced auto attorneycan tell you right away if you can sue a car dealership for lying, as well as the process for suing a car dealership.

    Call us now at if your car dealer lied to you. The consultations and case evaluations are FREE!

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    Take Control: How To File A Complaint Against A Car Dealer

    You may want to file a complaint against a dealer for things like:

    • Dealer did not provide me with the title to my vehicle
    • Dealer did not provide me with other paperwork needed to register my vehicle
    • Dealer did not pay off lienholders
    • Dealer is selling faulty vehicles
    • Dealer went out of business before providing me with paperwork/other

    If any of these things happened to you, you have the right to file a complaint against the dealer. It does not cost anything to file a complaint and most states allow you to file a complaint online.

    Where To File A Complaint

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    If none of the above options are available to you, your State Attorney General and the Better Business Bureau are also great places to file complaints.

    More recently, the Consume Financial Protection Bureau is also branching out. You can file a complaint with them here.

    Where to file a consumer complaint in each state:

    Its important to note that filing a claim does not necessarily mean it will be investigated. While all claims should be investigated, it should not be an end-all to getting your issue resolved.

    If the issue escalades and your complaint does not get addressed, your final option would be to sue the dealer in small claims court.

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    Try Solving The Matter Amicably

    If you have not already done so, speak with the auto shop owner and ask them to repair it without any additional charges. Shop owners often agree to work again on a vehicle to avoid any legal proceedings. It is quite useful to communicate one-on-one with the mechanic. If they are not ready, proceed to the next step.

    S To Suing A Car Repair Shop

    So youve decided to sue a mechanic shop but youre not sure where to start. The small claims hearing is scheduled 30-70 days after the lawsuit is filed. Below are the steps you have to go through when suing a car repair shop in small claims court:

  • Consider filing a complaint with the Better Business Bureau before suing in small claims.
  • Prepare the evidence, fill in the form, pay for them, and file the lawsuit.
  • Notify the car repair shop that you have sued in writing.
  • Attend the small claims hearing.
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    Prior Accident Not Reported By Dealership

    Buying a used car from a dealership is almost always stressful. You have to haggle with the salesman over price, make sure that they arent charging you for additional things you didnt ask for, and take their word that the car is in good working condition. Odds are that you saw an ad for the car online or in the newspaper, and went down to the car dealer to check it out in person. When you arrive, it looks to be in great condition, and the salesman tells you this car is in perfect condition never even been in an accident.

    Your excitement leads to a purchase, and the purchase leads to headaches. You get on the highway driving home in your new used car, and feel it pulling to one side, or notice a funny sound coming from under the hood. If the car was never in a prior accident, why does it seem like it has been?

    As any responsible car owner would, you take the vehicle to your trusted auto mechanic and are told Im sorry, but the dealer lied to you this car has frame damage from a previous accident.

    Failure To Disclose Claims Against A Car Dealership

    New &  Used Car Dealer Serving Wayne, NJ

    Sometimes, after purchasing your car, you discover a hidden problem, like a defect. Generally, it is harder to make out a fraud claim based upon an omission of fact. These claims are often called fraudulent nondisclosure or misrepresentation by omission.

    In most states, you have to prove the following:

    • The dealer owes a duty to disclose material information about the car
    • The dealer knows the information
    • The dealer knows that you would rely on the information if you knew it in making your purchasing decision
    • The dealer fails to disclose that information

    The problem in this context is showing that the dealership owed a duty to disclose. As a general rule, one party to a transaction does not owe a duty to disclose to the other party. State law varies, and there are exceptions, so you may want to discuss your possible claim with an experienced attorney in your area.

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    Can I Sue A Used Car Dealer For An Undisclosed Accident In Ny

    • Posted on Jan 26

    Yes, you should be able to sue the dealer. Also, if you financed the purchase with a lender who took assignment of the loan from the dealer, then you may also be able to hold the lender responsible. You should look for an attorney in your area who focuses either on Lemon Law or auto fraud cases. One place to look is the National Association of Consumer Advocates “Find an Attorney” database.

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