Legal Question in Consumer Law in Wisconsin

Misrepresentation

Dealership sold us a truck that they said was a 5.7 liter Hemi and as we were showing it to our friends one person mentioned that it had a 4.7 liter labels under the hood. What actions can we take against the dealership?


Asked on 1/10/09, 10:58 pm

1 Answer from Attorneys

Matthew MacKelly Attorney at Law

Re: Misrepresentation

First, regardless of the nature of the complaint (such as misrepresentation or fraud), you should consider that the value would be the difference in value between a 5.7 liter and a 4.7 liter. You may be limited to the difference if you sued, for example. If an attorney gets involved in representing you, you can sometimes recover attorney fees in consumer law cases.

Second, if you have the title and other documents that describe the vehicle as having a 5.7 liter engine, then you need to keep it and make copies of it.

Third, have you done any research? For example, have you researched the going market value for your vehicle with a 5.7 liter versus what the same vehicle with a 4.7 liter sells for? If so, which compares to what you paid for it. A car company could claim a defense of "caveat emptor" (meaning "buyer beware"). If so, then the dealer would argue that, for example, you got a 4.7 liter, and ultimately, claim that there are no damages.

Either way, it is possible that you have a Wisconsin Consumer Protection Act violation claim against the dealer.

Read more
Answered on 1/12/09, 12:18 pm


Related Questions & Answers

More Consumer Law questions and answers in Wisconsin