Auto Dealer Attorney in New York, NY

Whether you are an auto dealer or a customer, an auto dealer disputes attorney in New York can represent you in a case involving a complaint against an auto dealer for deceptive or fraudulent practices. Usually, this occurs when a client claims they have been misled by the auto dealer in some way.

Types of Auto Dealer Fraud

Examples of auto dealer fraud include:

Odometer rollback

This type of auto dealer fraud occurs when the auto dealer tampers with the odometer to make it appear that the vehicle has lesser miles than it currently has. Because fewer miles can generate higher prices, odometer tampering is a type of fraud auto dealers use against consumers.

Bait and switch

Bait and switch is a deceptive type of advertising tactic, designed to lure consumers to the auto dealer’s location with a too-good-to-be-true bargain offer. Usually, when the consumer arrives at the auto dealer, the offered automobile is not available anymore or has just been sold. Aggressive sales tactics are then utilized for the sale of a non-refundable vehicle.

Failure to disclose accidents or hidden defects

When a car has been involved in an accident or has hidden defects that the auto dealer knows but has not disclosed, the auto dealer may be held liable for the non-disclosure, especially if the vehicle is suffering from significant hidden damage.

Lemon law violations

Lemon law violations occur when an auto dealer does not observe the warranties statutorily required by law. For example, in New York, a used car that was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery with a purchase value of at least $1500, and has been driven less than 100,000 miles from the time of purchase or lease enjoys a warranty of 30, 60, or 90 days, depending on the miles of operation, for engine, transmission, drive axle, brakes, steering, and other parts.

Inflation of total purchase price

The total purchase price becomes higher than the sticker or invoice price due to unapproved and undisclosed fees or by concealing options that the client did not request.

Claim that options are required

When the auto dealer falsely misrepresents that the optional features are required, resulting to additional charges, this can be considered fraudulent practice.

Others

Other types of auto dealer fraud include undervaluing a client’s trade-in vehicle, representing a vehicle to be new when it was previously purchased but returned, and representing that a vehicle has features or options which it does not have.

When these types of auto dealer frauds occur, an auto dealer attorney with consumer protection background will be able to assist you in filing claims against the auto dealer.

Claims Against an Auto Dealer

Claims against an auto dealer can be based on fraud or failure to disclose a hidden defect.

For fraud, an auto dealer attorney deals with the following claims: 

• The auto dealer made a false representation of fact or an omission to disclose important information.
• The auto dealer must know that the statement was false or made the statement with reckless disregard for truth.
• The auto dealer made the misrepresentation or omission with the intention of deceiving the client.
• The client relied on the false statement or omission in purchasing the vehicle.
• The client suffered actual damages due to the auto dealer’s fraudulent conduct.

For failure to disclose a hidden defect, an auto dealer attorney deals with the following claims: 

• There is a hidden defect in the vehicle that was not readily observable or known to the buyer at the time of the transaction.
• The auto dealer had knowledge or should have known of the hidden defect.
• The auto dealer, despite knowledge, failed to disclose the hidden defect.
• The hidden defect is material and significant enough to affect the value or desirability of the vehicle and would influence the client’s decision.
• The client relied on the auto dealer’s failure to disclose the hidden defect.
• The client suffered actual damages because of the hidden defect.
• The failure to disclose the hidden defect caused the client damages.

Possible Remedies for Auto Dealer Fraud

When you are a victim of auto dealer fraud, your auto dealer attorney may request the following remedies:

• Rescind the contract so the vehicle is returned and the money paid is refunded plus damages
• Request reimbursement for the repairs made to the damaged vehicle
• Keep the vehicle, but request for cash for damages, such as out of pocket expenses and uber charges for loss of use

Filing a Lawsuit Against an Auto Dealer

An auto dealer fraud attorney can help you in filing a complaint against the auto dealer. With a lawsuit, you may be able to negotiate a settlement on favorable terms. Lawsuits, however, can be expensive and time-consuming, although there may be some lawyers who could accept your case on contingency.

Should you need assistance on auto dealer fraud, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].