Legal Question in Consumer Law in New York

I purchased a certified used car from a reputable dealership in my area. The car was advertised as an All wheel drive (AWD) model and also has the AWD metal emblem on the back of the car.

I brought the car home. When going through the car, in the glove compartment I found the original sticker from the car when it was brand new. The sticker said the car was a 2 wheel drive (2WD). My husband got under the car to inspect it and found that it was not a AWD car at all. Isn't this considered fraud? How could they sell a car as an certified used car which supposedly goes through a thorough inspection and sell it as an AWD when it clearly was not? What is my best course of action and what are they obligated to do for me to make this right.


Asked on 5/17/10, 9:27 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Based on what you have written, you most likely have the right to "reject" the vehicle under the Uniform Commercial Code. However, if you financed the vehicle, this can be complicated. In addition to rejection, you may be able to sue the dealer for violating New York law regarding deceptive business practices. If the dealer knew that the car was not AWD, then you may have a fraud claim. You may also have a claim under federal law pertaining to warranties. Some of the statutes provide for payment of attorney's fees. Please contact my office directly should you wish to discuss your options.

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Answered on 5/24/10, 6:59 am


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