Legal Question in Civil Litigation in California
7/12/10 I purchased a used MBZ from a local dealer. The week prior, I test drove the vehicle & reviewed the carfax; finding the car to be in excellent condition & mechanically sound. For additional reassurance, 7/11/10, I brought a friend who is experienced in purchasing vehicles (owns & operates a transportation company) and asked him to test drive the car one final time prior to my purchasing it. My friend's opinion was consistent with mine so the next day I withdrew the arranged price of the vehicle from my bank and was dropped off to the dealership.
To shorten this long story: I paid in full for car. Received car 3 days later; cannibalized, complained demanding all missing parts be replaced. Dealer submitted new ppwrk to DMV over 90 days later w/out having car smogged. Dealer told me car had 121,000 miles on it but you can not see it due to a missing computer part. I have since found out it's a TMU car & the autocheck far differs than the carfax the Dealer showed me. I have also discovered by the original mechanic my car was sent to for detail, oil change & smog, that the car was returned to Dealer the nxt day, citing the car could not be smogged due to certain parts not in working order. This repair shop has ceased doing biz w/ this Dealer for other fraudulent acts & is providing me w/ evidence. The Dealer reported to DMV on 10/11/10 121,000 miles & a State Agency Passed Emission Inspection reported on 10/30/10 133,055 miles. Dealer also reported "Actual" mileage on my -CLEAN- Title & again on his forged duplicate title; listing himself as a lien holder. Dealer demanded that I pay him for parts/repairs that I once agreed (verbally, no repair order signed) to; but never allowed his shady mechanic to repair. Dealer refused to answer my calls in demand for tags/plates so I took my info to DMV & registered the car myself. Dealer unlawfully repossessed my car 2 wks later. I called the Sheriff & was instructed to bring my Title to them the next day & they would give me the Repossessor's ph # & address for me to retain my vehicle. When the Repossessor returned my call, they told me I'm too late, the Dealer picked up my car the same day & they do not have it. I have since learned that after I emailed the Repossessor copies of my receipt, Deposited Official Bank Check & Clean Title; they immediately called the Dealer & told him to pick up the car & to not ever call them again.
I have filed claims with: HBPD, DMV Investigators & Tax Board. I have case #'s & Investigators/Detectives assigned to my case who all claim to be understaffed & are working multiple cases that have just as much strength as mine. I have compiled all evidence for these agencies. I need help, but all of the attorneys I have spoken with want a retainer that I cannot afford. I want my car back & all damages that are applicable under the law.
I CAN prove that the Dealer made an intentional material misrepresentation, that I unknowingly relied on, to my detriment. What else do I need to offer a Judge, a preponderance of evidence in order to rule in my favor? Please kindly advise.
~Overwhelmed in legal jargon
1 Answer from Attorneys
You've outlined a strong case and you have done a lot of the right things to support it. You have put the matter in the hands of the proper investigative authorities (DMV, in particular -- they hold the dealer's license to sell cars in their hands).
What is troubling you is that now that you are engaged in the investigative process, you find that it is going to proceed slowly. I am afraid there is no remedy for that.
You could go ahead and initiate a civil suit against the dealer, although I think you need an attorney to make this work well. But, even if you hire an attorney and initiate legal action immediately, the process can be maddeningly slow. Very likely the defense will be successful in delaying the civil suit until the results of the DMV investigation are available.
I am sorry to tell you there is no "expedited" process for resolving your claim except voluntary settlement between the parties in a contested matter. If the matter has to be adjudicated by the legal system, it will be slow and effortful.
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