1)she does not like the way the car handles at speeds above 45mpg. She bought it on tues. on her way to dealershop, she ran off the road and had to have it towed. It has some body damage that she will pay for.
2)Her contract seems to have a $5000.00 'balloon' fee. the salesman said he would sell her the car for $4000.00
The last issue most certainly could be actionable. Find someone to help you here:
You can't cancel a car sale just because you later find out you don't like it or can't handle it right. But if the dealer lied or misrepresented what was happening with the vehicle cost, that might be fraud and that can give you lots of leverage. Every state has its own definition of what “fraud” is. Generally, it is a lie that costs you money. But lies can come in different forms. It could be an outright lie, where they know that in fact what they are saying to you is a lie. It could also be a part-truth statement, where they say something that is only partly true and lie to you or mislead you about the rest of what they are saying. Or it could be hiding the truth from you by not telling you something that they know you would want to know. No matter what kind of lie it might be though, unless you lose something because of it, you have not been damaged. And “damages” are required for you to be able to legally do anything about being defrauded in a transaction. To learn more about Fraud, read this free online Avvo Legal Guide “What is Fraud?” here: http://www.avvo.com/legal-guides/ugc/what-is-fraud-1. Because the law is different in each state though, if you think you are the victim of fraud then you need to talk to a local Fraud Law attorney who deals with your kind of situation or case. Call your local attorney's Bar Association and ask for a referral to an Fraud or Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, www.NACA.net). Most Consumer Law attorneys also know Fraud laws. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. And don’t bother talking with an attorney who handles just other areas of law because, frankly, Fraud Law and particularly “car sales fraud law” is a special area with its own laws, regulations, rules, and strategies and tactics. If this answer was helpful, please give it a “Vote Up” below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and good luck. Ron Burdge, www.BurdgeLaw.com, www.USLemonLawyers.com, www.CarSalesFraud.com
Go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers
What is Fraud? Read this Avvo Legal Guide and find out before you become a victim of fraud, click here
Are you a victim of fraud? Learn the 3 kinds of fraud, click here
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.
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