Oct 13 2008
Did the salesperson fail to tell you about preexisting problems?
One of the most common forms of auto fraud is failing to disclose preexisting and/or known problems with the vehicle. Cars often have documented histories of mechanical problems. Some dealers try to sell vehicles with known mechanical problems by either misrepresenting the car’s condition or simply by not telling the prospective buyer about these problems. Do not be fooled just because a vehicle appears cosmetically clean and mechanically sound. If the vehicle you are interested in comes without a warranty or “as is,” you should be extra cautious.
One form of hiding a vehicle’s history is called “lemon laundering.” Many states, including California, have lemon laws, which essentially require a manufacturer to repurchase a defective vehicle. Lemon laundering is the resale of these defective vehicles without disclosing their prior history. A possible sign of lemon laundering is when a car that is close to new is being sold as used.
Other forms of this type of fraud include misrepresentations about prior owners or prior use. For example, dealers often tell consumers that a car has only had one owner, when in fact it has had multiple owners. Dealers may also conceal the fact that a vehicle was a rental car. Dealers may also hide a vehicle’s history as stolen and recovered; stolen vehicles sometimes have undetected and unrepaired problems.
To avoid this practice, you should have the vehicle you are interested in inspected by a mechanic and/or an auto body repairperson before you buy it. You should also get a vehicle history report. Look for evidence of a questionable history. For example, was the vehicle owned by multiple owners or a rental car company? Does it appear as if a manufacturer repurchased the vehicle? In more complicated cases a complete title history may be obtained from the DMV.
If you suspect that you have been a victim of this type of fraud, you may wish to consult with an attorney who specializes in auto fraud.
I purchased a car that defects didn’t show up until I drove home. The dealer said that I would have to pump the brakes as I test drove it down a 35mph road that ended in a cul-de-sak. Like a fool, I signed the papers. On the way home I discovered that the rear shocks/struts were so bad that when the car rebounded from bottoming out in a chuck hole, the rear end shifted several inches. At 60 mpg the front end shimmies and shakes. I also learded that the back-up lights and license plate lights were out ( I checked the fuses and bulbs. Appears to be a problem in the wiring harness.). When I finally got the car home my wife went over the paperwork and pointed out that the lot has charged me 25% interest. The car was sold “as is”, but I’ve learned that there is an” implied warrentyof merchantability”.
I will be the first to admit that I am not the sharpest tack in the box. I’ve been all over the intrenet trying to find someone who will help me get some justice. I had to swallow my ‘Man Pride’ and admit that the dealer was much smarter than me.
Sincerely,
Bob Miller
There is an implied warranty with every sale which is in effect even if you sign an “as-is” waiver. Furthermore, if the dealership committed fraud during the sale then they are definitely liable. If you give me a call I can run a CarFax and AutoCheck report on the VIN number to see if the history will reveal anything. Often times the history shows issues that the dealership knew and should have disclosed to you. On the other hand, we can assess the damages to the vehicle and compare them to what they reasonably should have known about the vehicle. There are other options but to get started we need to check the vehicle’s history and proceed from there. You can reach me at 866.97.Lemon.
Thank you.