Legal Question in Consumer Law in California

used car potential fraud... undisclosed structure damage

I bought a used vehicle from a dealer and I have discovered that the frame is buckled which causes the vehicle to pull to the right. Because the vehicle has this damage the steering cannot be aligned and I feel that this is a danger to both me, passengers, and those on the road with me. This damage was not disclosed with me in any way. I feel that I cannot sell this car or I will be sued, and I would not give it away because it is not safe. I have contacted the BBB and the company did not respond to their request. Should I take this case to small claims court or do I have a larger case on my hands?

Thank you so much.


Asked on 5/13/04, 9:06 pm

1 Answer from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: used car potential fraud... undisclosed structure damage

If the used car sale came with a warranty, see if the warranty will fix the problem. If the car was sold "as is" you may have difficulty proving fraud for a condition they may claim was part of what you were assuming when you purchased the car. Obtain copies of the advertising that pertain to the time of the sale. Verify what was represented at the time of the sale with statements from witnesses, or written documents. If it still appears they made a fraudulent misrepresentation, you may prefer to talk with an attorney to make an appropriate demand to resolve the case assuming the car was purchased from a financially solvent dealer. If no attorney is interested, or this was a private party sale, you have the right to go to small claims court for up to $5,000.00. After you have your facts clear, the first step is to send a letter (keeping a copy) requesting whatever relief you desire. The car will have some salvage value even if it is not fit to drive and can be sold for salvage.

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Answered on 5/14/04, 12:13 pm


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