I bought a 2014 Toyota Camry in July 7, 2014. The sales contract stated the car is NEW. It took almost 3 months before the license plate was delivered. the plate had May, 2014. In February, 2015, I received a DMV registration renewal notice with a...
Very unfortunate situation. Sorry to hear about it. If the dealer sold you a used car but previously represented that it was new, you may be the victim of an unfair or deceptive act. There are very strong consumer protection laws which proscribe this type of auto dealer conduct. You should contact an auto fraud attorney and discuss these facts with them. An auto fraud attorney would start by reviewing your purchase contract and other documents connected with the sale to look for express signs of misrepresentation. There is a very strong consumer protection law in California called the Consumers Legal Remedies Act. If your facts trigger the protection of that act, the dealership may have to pay your legal fees and case costs if you win. I suggest contacting an auto fraud attorney to learn whether you have a claim worth pursuing against the dealer. Most auto fraud attorneys provide initial consultations at no cost. Best of luck.See question
I bought a used car from a dealer. They went out of business I had to pay all the fees to the dmv and do a title reconstruction. How do I sue them
When used car dealers go out of business, customers can face challenges like the one you describe. If the dealer failed to notify the DMV about the sale and/or take steps to complete transfer of registration, and you sustained any damages, you have rights against the dealer. In addition to breach of contract, you also may have claims under the Consumers Legal Remedies Act. The questions then become, who do you contact on behalf of the former dealer to resolve your claim, and/or which person/entity should you name as a defendant in a lawsuit?
You can perform a business search on the CA Secretary of State's website: http://kepler.sos.ca.gov/
and see if the former dealer is/was incorporated or organized as an LLC. And you can follow the steps on the CA DMV's website for (occupational licensing) to see how the dealer's business was organized, and whether it was a sole proprietorship. https://www.dmv.ca.gov/portal/dmv/detail/portal/olinq2
How to proceed under your facts depends on what you learn about the former dealer's form of business organization. It is also important to consider the practicalities of the situation when you are wronged by a dealer that is out of business. If representatives for the former dealer do not help you resolve your dispute and you end up suing the dealer (assuming you correctly identify the defendant), it can be difficult to collect on any judgment that you obtain. However, if the dealer committed fraud in connection with documents which comprise the sale transaction, you can attempt to make a claim against the dealer's surety bond. If you have questions and need further assistance, you should contact an auto fraud attorney and request a consultation.See question
I took my car into the Lexus dealer to have a 60K mile service and they left a solution soaked rag next to the catalytic converter. Two miles down the road after I left, my car caught fire! I had my 2 Girls in the car,ages 6 & 2, and they were tra...
As Mr. Kaufman has stated you are entitled to be made whole for your losses. You can bring a negligence claim against the dealer for the property damage, which they caused. If your vehicle was declared a total loss, any insurer (including your own car insurance carrier) who offers to pay you a total loss settlement will offer the fair market value of the vehicle. If it was your car insurance carrier that offered the $31,000, they will probably condition payment on you signing a release of claims. A standard release will contain broad language releasing everyone for all claims related to this incident. If you intend to accept a settlement from your own insurer and then move on to pursue a claim against the dealer, be careful of the language in the release, so that it does not potentially release the dealer.
Even if you do not accept a settlement from your own insurer, and you bring a claim against the dealer, you will be facing their own commercial liability insurance company. And the dealer's insurer will likely value your car very similar to your own carrier, because they typically use similar sources for fair market valuation.
Another thing to consider is whether you are entitled to recover for the loss of use of your vehicle. "[A]n owner's recovery for being deprived of the use of a damaged vehicle is generally to be determined with reference to the period of time reasonably required for the making of repairs." (Valencia v. Shell Oil Co. (1944) 23 Cal.2d 840, 844 [147 P.2d 558].)
"There appears to be no logical or practical reason why a distinction should be drawn between cases in which the property is totally destroyed and those in which it has been injured but is repairable, and we have concluded that when the owner of a negligently destroyed commercial vehicle has suffered injury by being deprived of the use of the vehicle during the period required for replacement, he is entitled, upon proper pleading and proof, to recover for loss of use in order to 'compensate for all the detriment proximately caused' by the wrongful destruction." (Reynolds v. Bank of America National Trust & Savings Assn. (1959) 53 Cal.2d 49, 50-51 [345 P.2d 926].)
It may be, after consideration of the potential to recover loss of use damages, that it is better to make a claim directly against the car dealer that damaged your car. You should consult an attorney to learn the full scope of your rights.See question
I was going to get onto the train a few months ago. It was dark and raining. I tripped and I fell down. My head hit the wall and the cement. The doctor said it is a concussion. He ordered an MRI of my brain last week. My neck and back hurt. ...
You have two years from the date of the injury to file a lawsuit. If a government entity is responsible for your harm, you have to file an administrative claim with the appropriate government agency within 6 months of the injury. Then you have to wait for acceptance or rejection of the administrative claim by the government agency before you can file suit. Government claims can be tricky, so it is advisable for you to contact a personal injury attorney to learn about your rights.See question
The dealership called me back a month later saying they got a better deal for me, stating that they lowered the monthly payment and that they removed some "fees" they wanted me to resign paperwork but I refused. There is already a bank involved an...
The California DMV has said: "[s]ome vehicle dealers sell used vehicles prior to satisfying the smog inspection requirements. Dealers who sell vehicles that have not satisfied the smog certification requirement cause the consumer undue hardship..." I offered this quote, because it seems appropriate, given your facts.
Dealers certainly know or SHOULD know smog certification requirements because the dealer's handbook which each dealer has access to provides the requirements that must be followed.
The dealer may be feeling concerned that they could face trouble if it is discovered that they charged you for a smog inspection that never occurred. You should check your retail installment sales contract to see if the dealer included an "emissions testing charge (not a government fee)." If the contract includes such a charge and the dealer did not previously pay for a smog check for your vehicle, that charge may reflect the "fees" the dealer is alluding to. You can confirm when your car was smog tested by visiting http://www.bar.ca.gov/pubwebquery/vehicle/pubtstqry.aspx
There are other "fees" to look out for, for example, an over "estimated" Vehicle License Fees and Registration/Transfer/Titling Fees.
Ultimately, you will need to ensure the registration transfer is complete so that you can legally operate the car. If you do not have registration for the vehicle, and the police stop you and issue a ticket and find that you do not have valid registration, your car will probably be impounded. If that happens, you may not be able to get the car released from impound because the DMV will not have a record of you in the chain of ownership for the vehicle. This is one example of the "undue hardship" for a consumer who purchases a used vehicle that does not come with smog certification.
You can contact an auto fraud attorney to learn about your options. And if the dealer did charge you for smog testing which never occurred, it could indicate other problems related to this sale transaction, which an auto fraud attorney could help uncover. For example, a client once contacted me for an issue relating to a smog certification issue, and it turned out the vehicle also had a rolled back odometer. Where's there's smoke, there can be fire. Just sayin'.See question
I bought a mustang from a used car dealership for $12,000 financed. I drove the car all but four days the battery was not strapped down and it slid causing it to ground out. It killed the car and they've had it since then and we are going on 3 we...
The starting place in this analysis is the retail installment sales contract and the Buyer's Guide (which sets for your warranty rights). Also, it would be helpful to know the condition of the car that the dealer advertised (verbally, in writing, and online), whether you exercised your right to have the car inspected by an independent mechanic before purchase, and the current defects in the car which make it inoperable. If you can prove that the dealer made a material misrepresentation as to the condition of the vehicle before you purchased it, you may have the right to rescind the deal. But, this requires a specific factual analysis. Many lemon law attorneys offer free consultations. Its probably a good idea to contact an attorney and learn the full scope of your rights.See question
about 3 years ago my son traded in the Jeep for a Ford Mustang we have the insurance on it the dealership in Poway never turned in the paperwork to the bank the brakes went out my son hit the guardrail and because paperwork was never submitted the...
From your facts, it appears something is up with this car dealer. Still, there are a number of questions that come to mind after reading your post: for example, Why did the dealer accept return of the car, What was the payment arrangement under the purchase contract? Was your sun injured in the collision? Did the dealer sell the car with an express/written warranty at the time of sale? It would be advisable for your son to contact an auto fraud attorney so that he can further explain the facts and learn the full scope of his rights under this car sale.See question
This is a used car dealership in the state of California. The warranty is for 4 months. I took my car to have repairs done that are covered, however after waiting 6 hours at the repair shop I was told they will not fix or honor the warranty until ...
I'm sorry to hear about your car troubles. That said, your facts do not provide enough information. For example, the facts do not describe the terms of the purchase agreement. Some car sales contracts provide for deferred down payments. This means you can pay the down payment in scheduled installments. A used car dealer cannot accelerate the due dates for deferred down payments. If however, you are in default because your payments are late, the dealer's remedies should be set forth in the purchase contract. For example, the dealer can attempt to repossess your car if you are in default. Because I do not know the terms of your purchase contract, I won't speculate as to your standing with the dealer. Also, you don't state who the warrantor is, (the used car dealer?) If the dealer is the warrantor, and you are not in default, and are performing under the contract, the warrantor, must honor the warranty. You should contact a lemon law and auto fraud attorney to review your contract, including the Buyer's Guide, which is the window sticker that the dealer was required to give you at the time of sale. The Buyer's Guide spells out your warranty rights, including the time/mileage duration of the warranty, the vehicle systems covered by the warranty. Speak to an attorney to learn the full scope of your rights.See question
So the claim agent said I am at 100% fault. I report incident like 6 months later , because first thought I can repair it by not going through insurance company. However , later on I realize the damage is bigger and more expensive than I thought. ...
If your insurer determined you to be 100% at fault, it means they found you to be the sole cause of your property damage. Your insurer is saying that no else besides you is to blame for your vehicle damage.See question
I am seeking to rescind a contract with a for profit educational institution due to false advertising and false promises to induce me to enroll. (B&P 17200 et seq., 17500 et. seq.) One of the provisions of the contract states: "This agreement, it...
In addition to common law fraud and deceit, student enrollment contracts can, under the right circumstances, violate consumer protection laws. For example, private school student enrollment contracts can include illegal terms in violation of the Truth in Lending Act. This can occur if the school or the creditor, who "regularly" extends credit on its behalf includes a finance charge in the enrollment contract and/or accepts more than four installment payments for the tuition. If the school enrollment contract qualifies as an extension of credit, and the federal Truth in Lending disclosures are not included in the contract, the contract may be unenforceable.
Additionally, if the contract includes illegal provisions, it may run afoul of the California Consumers Legal Remedies Act (CLRA), Civil Code section 1750, et seq. And if there are facts to support a common law fraud claim, there would probably also be a violation of the CLRA.
Both the Truth in Lending Act and the Consumers Legal Remedies Act includes an attorney fee provision, which can result in payment of your legal fees and costs by the defendant school if you prevail.
The UCL and FAL (17200 and 17500) may also be helpful, but they do not include attorney fees provisions, which is also the case for fraud claims.
I have successfully obtained rescission of a student enrollment contract, which on its face provided that it was binding and final. It would be best to find a consumer protection attorney for the student enrollment contact-- to review it and explain your available rights.See question