Legal Question in Consumer Law in New Jersey

What are my rights when dealing with a used car?

We purchased a truck about a year ago, and when we went tro trade it in last night we found out the carfax showed damage to the car that we were unaware of at the time of the purchase. Since this dealer would not touch the car we were told to go back to the orginal dealer, which we did. The dealer showed us the carfax they ran a year prior and it did not show the damage at that time. They are willing to take the trade for 6k less then what was paid, but what are our rights?? we are forced to do business with them and only them and we are taking a loss no matter which way we go.


Asked on 9/01/05, 9:53 am

3 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: What are my rights when dealing with a used car?

In order assess your rights and whther there is anything that you can do about this, I would need additonal information. The dealership's duty to disclose damage to the vehicle is somewhat limited, but may be expanded depending on the representations made to you. If they made any false representations, then you have a cause of action, not only for the damage you suffered, but also 3X damages and attorneys fees and costs.

The answer to your question rests with the facts. I suggest that you contact this firm or anyone else who practicies in this area of the law for a consultation. We do not charge for a consultation. You may reach me at 800-34 NJ LAW,

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Answered on 9/01/05, 3:26 pm
Robert Davies The Davies Law Firm, P.A.

Re: What are my rights when dealing with a used car?

Interesting situation: they claim that they had no knowledge, it is all the fault of Carfax.

If you wish to pursue using an attorney, call me. 973 890 0400. You have suffered a loss, it is NOT your fault, and you need to pursue or you will suffer the loss.

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Answered on 9/01/05, 10:05 am
Lavinia Mears Law Offices of Lavinia Lee Mears

Re: What are my rights when dealing with a used car?

Your rights are set forth under The Consumer Fraud Act. That act protects consumers from any deliberate or unintentional misrepresentation from a merchant, such as a car dealer, when a consumer makes a purchase. Consumers who are defrauded and prove that they lost money are entitled to recovering three times the amount of money they lost as a result of the merchant's actions. If I were you, I would not accept the dealer's offer until you spoke with an attorney to review the facts in the case. This firm dedicates a large part of its practice to consumer fraud law. Please contact me if I can be of help.

Lee Mears

98-486-3181

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Answered on 9/01/05, 12:29 pm


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