Legal Question in Civil Litigation in California
I bought a car and information was not disclosed to me.
Hi I bought a car from a private dealer two weeks ago. And when buying the car he told me that the fender has been changed. And that is it. I took it to dealership for a noise in the front fender and they told me that aside from the fender being changed, the car has FRAME damage and it will take about $4 to 5,000.00 to fix it. I also believe he lied to about where he got the car. He told me he got it from a Bank from a repo, but I am pretty sure the pink slip said previous owner was A Rent a Car place. I was also told that the warranty on the car was void due to the accident.
Things he did: Did not disclose all information about the car. Lied about the previous owner. (Name on my paper work are all fake.. the company listed, as the previous owner does not exist.). Told me the car is still under factory warranty, which is void now, due to the accident.
Can I do anything here because he did not disclose any information to me. Under the disclose Law of California. -OR- the lemon law in California. Get money and expenses back -or- have him pay for the damages?
2 Answers from Attorneys
Used Car Sale Fraud
I'm no expert on the Lemon Law -- hopefully someone more knowledgable in that area will also reply -- but it sounds like you have an excellent fraud suit, assuming you can show that the dealership knew about the car's history.
If you call the dealer and explain that you plan to sue for fraud unless they rescind the transaction, you may get your money back. If not, go ahead and sue. You may have a good claim for punitive damages here.
California Lemon Law
Based on the information you provided, you may have an excellent case against the dealer.You will have to prove that the dealer knew, or should have known the condition of the vehicleprior to selling it to you (not hard to prove). If you are looking to recoverupto $5,000 then take the dealer to Small Claims court. If you are lookingto recover more, then you will need an attorney.
Remember the recent case against BMW? The plaintiff won MILLIONS against the company.
Where in California are you located??
You might also want to file a complaint with the DMV and/or the Attorney General's Office.
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