Legal Question in Consumer Law in Maryland

Rental Vehicle Sales

I purchased a used vehicle from a licensed auto dealer, and obtained a carfax report. It indicated that the vehicle was a previously leased/rental vehicle. I was contacted by the dealership regarding the returned check for 1k I had wrote for the down payment on the vehicle. I advised the dealership that I would make good on the check as soon as they resolved the rental vehicle issue. A judgment was entered in the amount of $2700 (2x the check + attorney's fees) against me. Note: I was not served any notice of trial and they now have ordered a garnishment of my wages. The court submitted sales contract agreement had been stamped ''this vehicle was used as a daily rental vehicle'' with a line below for my signature (that is not on my copy). I would like to know what responsibility by law the dealer has to disclose rental vehicles prior to sale and what documents must be signed by the consumer in order to ensure that the consumer was aware at the time of purchase that the vehicle purchased was used as a daily rental vehicle. What recourse can I take against the dealer, since I was not aware that the vehicle was a rental, and I was not served with the complaint, until I received the judgment order.

Thank you for your time


Asked on 4/28/03, 11:55 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Rental Vehicle Sales

If you were never served they should not be able to take a judgment against you. You can file a motion to vacate the judgment on the basis that you were never properly served with the complaint. If they submitted a fraudulent document in court, you can move to set aside the judgment on the basis of fraud, but it would be good if you have a copy of your sales agreement that can prove their version is false. You should move quickly.

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Answered on 4/29/03, 3:32 pm


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