Legal Question in Business Law in Michigan

Misrepresentation of consumer goods sold

In May of 2004 I purchased what I thought was a Vespa ET-4 motorscooter from a Michigan Vespa dealer. I now live in New York and when I took my Vespa to a NY Vespa service center the mechanic said I had an ET-2 which is a lower powered vehicle and a lower priced vehicle 2300 dollars and I paid 4500 dollars! The mechanic determined by his expertise that I did not have an ET-4 the more powerful scooter which I supposibly purchased for its roadability. My scooter would only go 40MPH and that is why I took it in to be serviced. So in short I have paper work that says I paid for an ET-4 (factory plate says so) and I would up with an ET-2. The dealer I bought it from is spinning me and says they will not do a thing about this misrepresentation! How can I obtain what I paid for without spending a fortune that I do not have?


Asked on 8/11/04, 7:22 pm

4 Answers from Attorneys

John Friedman Law Office of John K. Friedman

Re: Misrepresentation of consumer goods sold

Your greatest leverage agains the dealer -- assuming he is a licensed dealer as your facts suggest -- is through Vespa which no doubt has a US office. They will look very unkindly on the actions you describe by the MI dealer. Before you tell them who the dealer is, tell them you are seeking a new scooter of the variety you thought you had bought -- they may surprise you and give you one (likely taking the old one in the process) to keep you happy, etc.

Good luck.

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Answered on 8/12/04, 10:14 am
Walter LeVine Walter D. LeVine, Esq.

Re: Misrepresentation of consumer goods sold

I agree with John, but also suggest you contact the Michigan Better Business Bureau (they probably have a website) and the Michigan Consumer Affairs Bureau (part of the Michigan Attorney General's office) and file complaints. I suggest you have the new mechanic give you a written report before you do this, to verify the information. If all else fails, you might have to sue for fraud, misrepresentation and consumer fraud in Michigan, seeking compensatory and punitive damages. Contact the county bar association where the dealer is located, and they could give you names of local attorneys through their referral service.

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Answered on 8/12/04, 10:59 am
Blake Lipman Law Office of Blake P. Lipman

Re: Misrepresentation of consumer goods sold

You will probably need to sue the dealer for fraud and violation of the Michigan Consumer protection Act. For more info, please contact my office at (248)851-3171.

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Answered on 8/17/04, 11:01 am
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Misrepresentation of consumer goods sold

Both of the above suggestions are excellent. As Walter states, the Michigan Attorney General office has a division which addresses consumer fraud matters. It is the Consumer Protection Division, and it can be reached at 517.335.0855. If the investigating assistant attorney general finds merit to the complaint, he/she has some options to pursue. You always have the option of retaining an attorney at your expense; however, the Attorney General's office is economical and often effective.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.

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Answered on 8/15/04, 12:54 pm


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