Do I need a consumer protection attorney?

Asked about 1 year ago - Wilkes Barre, PA

I purchased a vehicle over the internet and paid for it with my credit card. When I received the vehicle, it was not as describe and has may problems that were not disclosed to me even when I asked. The person I purchased the car from was not truthful to me about the ownership and claimed that he owned it. When I received the title there was another name on it. Also I asked specific questions about different areas on the car and found out when I received it, some of these areas were damaged or not working. I opened a dispute against this person to try and resolve these problems, the only response I received was, my lawyer will be contacting you. The vehicle was sold "as is" , but has many problems and safety issues that I was not told about even when I asked about there condition.

Attorney answers (3)

  1. Nellie T. Schulz

    Contributor Level 12

    2

    Lawyers agree

    Answered . The fact that the car has problems with it is less of a concern than the fact that the seller cannot deliver clean title to you. You should be able to rescind the entire transaction because of his failure to deliver title. Absent a real fraud, a car that's sold "as is" is sold "as is". So you need to pursue the matter based on failure to deliver title. You need to engage a litigation attorney.

  2. Stephen Henry Franko IV

    Contributor Level 4

    1

    Lawyer agrees

    Answered . I would generally agree with the prior answer, but also feel obligated to inform you that depending on certain circumstances there may be a consumer protection violation, which could entitle you to treble damages and attorneys fees. Your lack of information regarding the seller, currently makes a thorough explanation impossible. I have litigated consumer protection cases. But, you need to provide more information as to the state of the seller, what information you have, and the type of seller. You need to create a timeline of events and gather your evidence. After doing so, feel free to contact me.

    Mr. Franko is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Franko strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

  3. Scott Richard Kaufman

    Contributor Level 20

    Answered . AS IS is not a commit fraud free card. Get in touch with a consumer protection attorney in your area for a low or no fee consultation. Find that attorney here:

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net

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