Deceptive Trade Practices
Other Problems with New and Used Vehicle Deals – Deceptive Trade Practices
Wouldn’t it be great if every business lived by the adage, “The customer is always right?” Sometimes it seems as if there are more businesses – especially those selling new and used cars and trucks – that preach, “Let the buyer beware.”
Deceptive trade practices – When you’ve been confused or misled about a vehicle, an experienced attorney can help.
Problems with car titles – By law, you should receive the vehicle title or the “official titling papers” at the time of purchase. If you didn’t get it, the ownership of the vehicle didn’t really change hands. Even if you’re driving the car, it may not legally be yours. You may need an experienced consumer law attorney.
Yo-yo transactions – If a dealership allowed you to drive the vehicle home before consummating the sale, you might be the victim of what’s referred to as a yo-yo transaction. As the name implies, the dealer sent you out and pulls you back in like a yo-yo and, in the process, might be inclined to change the terms of the sale, such as demanding a bigger down payment or charging a higher interest rate. Similarly, a spot delivery scam occurs when a dealer lets you take the vehicle while they set up financing, then presents you with different terms when you return to sign on the dotted line. If either sounds familiar, you may well have the right to cancel the transaction and we may be able to get your money and/or trade-in back.
Breach of warranty– A consumer advocate can help if the warranty – either the written warranty or the implied warranty – on your vehicle isn’t being honored. You might have a case even if the written warranty has already expired, as long as the defects appeared during warranty period.
Wrongful repossessions – If your vehicle is repossessed even though you are not in default of your loan agreement, you can fight. Additionally, even if there is a right to repossession, there are a number of legal consumer protections. Under the law, they can’t physically harm you, confine you to a space or threaten you. They can’t forcibly remove you from the vehicle, stop you on the street or highway, enter a closed garage or your home, break into your house or create a disturbance. In fact, your vehicle should not be repossessed if you tell them to leave. If any of these things have happened to you, contact an experienced attorney.
Consumer leasing – If you’ve gotten to the end of the lease and the leasing company is trying to charge you for something that’s inconsistent with the terms described on your copy of the lease, it might be a case of forgery. The Consumer Leasing Act has your back, but you also might benefit from having an experienced consumer law attorney fighting for you.
Sales out of trust – This is one reason there might be a problem getting your title. Because it’s expensive for a dealership to purchase all the cars and trucks on their lot, it’s common for auto dealerships to get a loan to pay for their inventory. The lender holds the title until the loan is paid off. That becomes a problem for consumers who purchase one of these vehicles but the dealership fails to use the proceeds to pay the lender. Typically, the lender will hold the title, and they might even repossess your vehicle – even if you’re not at fault. If this sounds familiar, an experienced consumer law attorney can help.
If any of the following has happened to you, you may have been a victim of deceptive trade practices:
• The vehicle turns out to be something other than what was originally represented
• The actions of the seller or manufacturer caused you to be confused or to misunderstand the source, sponsorship, approval, or certification of the vehicle
• The seller or manufacturer deceived you regarding the geographic origin of the vehicle
• The seller or manufacturer represented that the vehicle has sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that it does not have
• The seller or manufacturer represented that the vehicle was original or new, but they turn out to be deteriorated, altered, reconditioned, reclaimed, used, or second-hand
• The seller or manufacturer misrepresented the vehicle as being of a particular standard, quality, or grade that it is not, or that the vehicle was misrepresented as being of a particular style or model that it is not
• The seller or manufacturer disparaged the goods, services, or business of another by false or misleading misrepresentation of fact
• The seller or manufacturer advertised the vehicle with the intent not to sell it as advertised
• The seller or manufacturer advertised the vehicle with the intent not to supply reasonably expected public demand, without disclosing a limitation of quantity
• The seller or manufacturer made false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions
• The seller or manufacturer engaged in any other conduct that similarly creates the likelihood of confusion or of misunderstanding