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What if I bought a car from a small dealership and they didn't disclose it was a lemon?

Brandon, FL |
Filed under: Lemon law

I purchased a vehicle some years ago and over the years have spent to repair it. Finally after the car has been paid off I look to trade it and the dealership has informed me I bought a lemon. The dealership that I originally purchased the car has since been disolved. Is there anything I can do?

Attorney Answers 4

  1. Maybe? Some states require this disclosure and some states, amazingly, are so "pro-business" (this really means anti-consumer) that they do not require the disclosure. Depending on WHO did not disclose, let's say you dealt directly with the owner for instance, and what the law is in FL re: disclosure, WHERE it was first called a lemon (in CA they MUST mark the title AND the car) and other factors like insurance or a bond on the dealer, you may be able to get some relief. Contact a local consumer protection atty in FL like David Gruskin. Find someone competent her:

  2. The fact is was a lemon should have been disclosed. You may be able to sue the old dealership. The problem is collection. Try for a list of lawyers in Fl who may be able to help.

    The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

  3. For every legal right a person has there is only a limited amount of time before your legal rights expire. In many states it can be as short as a year or two but some legal rights can last longer than others. Still four years is the max for most common claims. But all of this can be different from state to state so you really need to talk to a lemon law lawyer near you to find out for sure. You can find one at Lawyers don't pay to be listed there. Since the selling dealership is out of business now, even if the time limits have not all expired, you very likely will have a tough time actually collecting anything. Talk to a local lawyer ASAP.

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

  4. If the vehicle was a lemon bought back by the manufacturer, there is a statute that requires auto dealers to make a disclosure of this material information. If the car dealership did not, there are numerous causes of action that can be brought. I have brought cases against car dealers for not disclosing information they know that materially affects the value of the vehicle. Even if the dealership has been dissolved, there may be a case against the individuals who were involved in the fraud and possibly others.

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