spent approx. 1100 for tires and new wheel, first 4 months because of undercarriage noise. because changes to employment, wanted to downscale, had car appraised. was told car in significant accident, front end-new hood and fender and front end parts. I was told clean car fax and auto check. Accident never disclosed. Was the noise due to accident? Certified Jaguar warranty to 100,000 and I was never told about accident. Traded my 2009 Acura TL plus 3500 down financed 36000. I feel I was deceived. Want Jaguar Palm Beach to unwind the contract less the depreciation. Dealer should buy back my car and give me a check for 8000.
You will likely need a commercial/consumer law attorney to help you with this matter. I am going to move this to a better practice area to get you better answers.
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Do any of the documents *say* it had never been in an accident, or is this just something they told you but wouldn't put in writing?
One of the interesting things about avvo is seeing what sorts of legal issues seem to arise most for people. The two things I've seen that come up far more often than everything else, is people complaining that family members are saying bad things about them on Facebook, and fraud claims involving cars.
While this may appear to be a commercial law questions, it really is a consumer issue. Find a lawyer in this listing or with the Palm Beach County Bar Association Lawyer Referral Service who specializes in consumer cases.
At first blush it would appear that you have an action for fraud, perhaps civil theft if the appropriate facts apply and, again, if the facts apply deceptive trade practices.
This is not a got-it-alone, and because it has the earmarks of a fee-generating case if it has to go to court, you should be able to find a lawyer who does great work in this area.
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One would need to read the warranty and other documents to advise you properly. There is a possibility of many causes of action, including: Breach of Warranty, Fraud, Violation of the state's Unfair or Deceptive Trade Practices Act, Negligent Misrepresentation, Negligence, and for various violations under the Uniform Commercial Code (with various remedies); there may also be a statute dealing with used car sales.
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This is a classic Fla. Stat. 501.975/6 case. If you expect to fight with dealer over this type of issue, you would be wise to retain a lawyer to help you as there are some serious pitfalls to fighting about such things AFTER the sale.
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