Legal Question in Consumer Law in Pennsylvania

Re: New Car vs. used

You may have a lawsuit under state and federal odometer fraud statutes and the state Unfair Trade Practices and Consumer Protection laws. You may be able to reject or revoke acceptance of the car, or seek damages for the diminished value. You may contact my office to discuss your situation.

Re: New Car vs. used

You asked when is a car considered new?

A car is considered new when it has its first consumer sale. That is, when it is sold from a dealer to a purchaser who will title that car. Often vehicles are used as demonstrators or fleet vehicles within the company. They are not titled and are operated using manufacturer or dealer plates.

As to your question about mileage discrepancy, it depends on where the discrepancies existed and what your contracts specifically state. Unless otherwise stated a car's odometer is expected to be accurate. When a car is sold or transferred the mileage must be stated and the purchaser must be told whether the mileage is accurate on a specific form. If this form is innaccurate you may have a claim to rescind the contract. If another portion of the contract promised a lower mileage you also may have a claim to rescind the contract.

Be aware that the remedy is probably going to be recission of the contract. In order to get anything more than recission you would need to be able to prove either that the conduct was fraudulent or willful and malicious.

A possible secnario is to have an attorney approach the dealer and negotiate a lower purchase price (refund) or some other way to make you whole.

If you would like to pursue this matter, please contact my office.

Regards,

Roger Traversa

Email: [email protected]