Legal Question in Consumer Law in Oregon

Greetings,

We bought a new 2011 Toyota Highlander with 8 miles on it. The slip light was on since we got it and we went to the dealer to have it checked. They found out an alignment and sub-frame problems. We don't want to pay for a new car with problems. What are our options? Thank you.


Asked on 5/01/11, 7:47 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

I assume you bought the car from the dealer. You should offer to trade it with the dealer, straight across, for another new 2011 Toyota Highlander. If the dealer refuses, tell the dealer you will consult an attorney about suing them for fraud. It is fraud to sell a car with known defects, without disclosing those defects to the potential buyer. In your fraud lawsuit, you will ask for contract recission (cancelling the purchase) as well as compensatory damages (money for the time and effort you spent to remedy the situation). You will also seek punitive damages so that dealers will be discouraged from engaging in such fraud.

If the dealer still refuses, then you should hire an attorney, and the attorney should then contact the dealer.

Tell them you will also report the dealer to the Attorney General of Oregon for its unethical trade practices.

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Answered on 5/01/11, 4:31 pm


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