Legal Question in Consumer Law in California

Is this fraud and breach of contract by the dealer

I purchase a used car on 10/4/08 and was told that I would be fine with fiance and I would not have to return the car. The finance manager said the most that could happen was I'd have to change the terms. Then when I inquired about the registration 27 days later I was told the title was bad it was a salvage title and long story short I was encouraged to bring the car back in and my first car payment wasnt even dued until 11/18/08. I don't understand it all but I had provided them with all legal and accurate information. I called in a day after beleving the fibber and I was told the finance manager had lied to me apparently I had the car for a month and they couldnt finance it. They did not call nor send me any paperwork to rescind the contract and they were also advertising a 100% approval or they'd give you a $1000 even that wasnt honored. I did get my down payment back whooooooooooo


Asked on 11/26/08, 6:07 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Is this fraud and breach of contract by the dealer

You were lucky to get your down payment back. While you could theoretically get punitive damages in a lawsuit for fraud, it doesn't appear that you have any actual damages. You essentially had the free use of the car for a month.

I suppose you could take them to small claims court for the $1000 promised in the ad.

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Answered on 11/26/08, 6:38 pm


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