Legal Question in Consumer Law in California

was vehicle sold under deceptive practice, non-disclosure of repair and repaint

vehicle was on showroom flr. prev. owned by owner/gen'l mgr. of car dealership where purchased. told vehicle waxed/serviced regularly,told vehicle had never been in an accident or damaged. noticed swirls in paint. purchased vehicle under contigency swirls could be buffed out. this was promised. swirls returned 2 days later. we had vehicle waxed/buffed 6 times since 7-31-00. found swirl damage is in clearcoat. recently noticed very slight hood damage. was told by body-repairman vehicle had been repainted. service mgr. of same dealership confirmed hood damage and repair/repainting of hood, right fender and panel and bumpers. we requested repair history order faxed over to us.after 2 requests we had to call another dealership where repair was done,to finally fax over the information on repair.

inconsistencies still remain in repaint. right front passenger seat slides forward when brakeing.

right side air-bag light flashes on and off.(was vehicle in accident?) we have made several attempts

for a meeting with the gen'l mgr/owner of this dealership to recind this deal with no response.


Asked on 11/12/00, 4:15 am

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: was vehicle sold under deceptive practice, non-disclosure of repair and rep

Sounds like a classic Fraud case, so long as you can prove that the dealer misrepresented the condition of the car. His defense would be that it was not reasonable for you to rely upon his representation etc.. I would tell him that if he does not take the car back and return your money minus expenses, you will sue him for Fraud. Hopefully you have a witness to the statements the dealer made!!

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Answered on 11/20/00, 6:58 am
Howard Silver Law Offices Of Howard D. Silver

Re: was vehicle sold under deceptive practice, non-disclosure of repair and rep

IN RESPONSE TO YOUR QUESTION, YOU DO HAVE THE RIGHT TO RETURN THE VEHICLE AND RECEIVE YOUR MONEY BACK, IF THE DEALERSHIP MISREPRESENTED THE CONDITION OR HISTORY OF THE VEHICLE AND/OR YOU HAVE TAKEN THE CAR IN FOR NUMEROUS REPAIRS AND IT REMAINS BROKEN (THIS ALSO APPLIES TO THE PAINT). IF YOU NEED LEGAL HELP, PLEASE CONTACT ME AT MY OFFICE (818 597-2610) TO SCHEDULE AN APPOINTMENT. I WOULD LIKE TO DISCUSS THE CASE WITH YOU IN MORE DETAIL AND REVIEW THE PAPERWORK. THERE IS NO CHARGE FOR THE MEETING AND REVIEW. THANK YOU, HOWARD SILVER

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Answered on 11/20/00, 9:47 am


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