Buying a car is a huge milestone in anyone’s life. Whether the car is old, new, or used, the vehicle cements your feelings as an adult. You researched about the car, model, and the manufacturer. Unfortunately, you ended up with a faulty vehicle from the dealership. The car was previously damaged.
You wonder if the dealership sold me a bad used car what can i do? You can do a lot! We are here to help you through the process of understanding the different liabilities. Here are the steps you need to take.
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How to Identify Whether the Dealer Is Misrepresenting?
The biggest identifier of malpractice from the dealership is charging the buyer a higher selling price than being advertised. Dealers who have malice will expect the car buyers to ignore the additional charges above the taxes and legal fees.
Therefore, you must keep a close eye on the events and what you are paying for. As a result, the dealer will not overcharge. Below are common examples of auto-dealer lemon fraud
- Firstly, the dealer added upgrades and additions to the car without asking the buyer.
- The mileage is different than the advertisement.
- The dealer did not disclose the mechanical issues before the sale.
- The buyer did not receive the necessary paperwork for the sale, such as the title agreement.
What Is a Faulty or Lemon Vehicle?
If the car meets the following criteria, it is deemed faulty, and you must contact the dealership immediately.
- The car has a defect that will significantly reduce its safety, value, and use.
- The issues keep resurfacing while the car is under the warranty of the manufacturer.
- Lastly, the dealer has attempted to fix the issues but is unsuccessful. Furthermore, the dealership did not disclose the flaws or repairs.
A car becomes faulty in many states if the following circumstances actualize:
- There have been two or more repairs. However, the safety defect remains unresolved.
- There have been more repairs to fix the same issue.
- The car was out of service for more than a month by the dealership even though it was under warranty.
Strategy One: Perform Due Diligence
Firstly, you must research the consumer protection laws in the state. Even though the laws vary, their primary intention is to safeguard the consumer from misrepresented car purchases.
You can talk to state consumer protection officers online via email or phone. You can visit their office or identify other resources that guide you through the circumstances.
Most states have set a ceiling for mileage and ownership periods. Thus, the buyer can return the defective and formally request a refund. Here are the criteria in some states.
| State | Warranty Type | Warranty Duration |
|---|---|---|
| Indiana | Leased and new vehicles | 18 months or 18,000 miles |
| Maryland | Leased and new vehicles | Two years or 18,000 miles |
| California | Leased and new vehicles | 18,000 miles or two years |
| Alabama | Brand new vehicles | One year or 12,000 miles |
| Kentucky | Leased and new vehicles | 12 months or 12,000 miles |
| Florida | Leased and new vehicles | Two years or 24,000 miles |
| Georgia | Three Leased and new vehicles | Two years or 24,000 miles |
| Maine | Leased and new vehicles | Three years or 18,000 miles |
| Illinois | Leased and new vehicles | One year or 12,000 miles |
| Massachusetts | Leased, new, and pre-owned vehicles | Not Applicable |
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Strategy Two: Register a Complaint
If the sales manager is not listening to you, you can go over their head to file a complaint with different agencies. You can match the relevant authority with the nature of the complaint.
- You can report the dealer to the consumer protection offices in your local area or state if you are facing issues with the contract or the terms mentioned in the loan.
- Secondly, contact the Better Business Bureau if there are complaints related to the business.
- You can report the contract to the Office of the Attorney General if the dealership is showing complications with the warranty.
- Lastly, if the dealership has misrepresented the car with false advertisement, you can complain to the Federal Trade Commission.
- When the buyer is unable to conclude with the dealer, they can talk to the local DMV. The action will safeguard the customers from such scams.
Strategy Three: Have a One on One With the Manager
After you have researched the laws, you can contact the dealership to arrange a meeting with the manager. You can negotiate the vehicle return or ask for a refund.
Communicate the specific issue to the general manager. You can present alongside the laws, which will give you leverage in the argument. You can threaten to move the matter to the local business bureau or the attorney general’s office.
You can also share with the manager that you have not filled out the customer review form. After the issue is resolved, you will give them a better score. The surveys are highly influential because they identify the success of the dealership. Otherwise, the manufacturer will not provide the cars to the specific outlet.
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Strategy Four: Prove Fraud
Auto-sale frauds occur all the time. They are the most prevailing kind of misrepresentation in the industry. In other words, the dealership will not tell you what you need to know before the sale is confirmed.
If a dealership has failed to disclose mechanical issues or lied to you about the car, you can take the legal route for fraud. However, you will need to prove the following.
- The dealer knew the false state of the vehicle yet represented everything worked currently.
- The dealer knew their actions were misrepresentation the sale.
- The buyer believed the delivery, assuming the misrepresented acts were factual.
- The misrepresentation was realistic enough to be believable.
- You suffered from the representation.
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Resolve the Matters Quickly!
It is the most unfortunate and hurtful experience knowing you were given a defective car. However, panicking will not make the car disappear. When you discover the fault or damage, you must stay calm. Next, practice the relevant steps, such as calling a lawyer or registering a complaint with the right forum. With their assistance, everyone will reach a mutually acceptable solution.
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