Lemon Law Attorney
If frame is bent, dealer must return your money
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My wife and I recently purchased a used 2002 truck from a dealership. Two days after the purchase, we took the truck to a tire shop to have the tires aligned. We were told that the frame was bent and that parts were rubbing on the tires. The dealership sold us the truck without disclosing the damage to us. Additionally, we were shown a clean CarFax report. We returned to the dealership, but people there were unconcerned that we were driving an unsafe vehicle and refused to void our contract. I went to a second tire shop and again was told about the bent frame tire damage. I had the mechanic put his report in writing. What are my rights? Can I pursue damages for negligence, since this vehicle was supposed to have undergone a safety inspection prior to my buying it? ANSWER: Your contract is based on misrepresented facts, and you have the right to get out of your loan and obtain a full refund. If two shops determined that your vehicle had frame damage and the parts are rubbing against your tires, the dealership misrepresented any pre-delivery inspection and the condition of your truck. Additionally, CarFax is not intended to replace a vehicle inspection. In California, the Vehicle Code requires a dealership to perform a pre-delivery safety inspection on vehicles and to disclose material facts, such as a bent frame. The Consumer Legal Remedies Act makes a dealership liable for deceit, or fraud, when it knew, or should have known, material information such as the existence of the bent frame and failed to disclose that information. Write to the owner or general manager of the dealership. Send your letter return receipt requested and save a copy for your files. Clearly state what you were told at the tire shops and how you were treated by the dealership when you said the truck had a bent frame. Attach a copy of the tire shop’s report to the letter. Be certain to demand a full refund and a complete unwind of your contract. Send a copy of the letter to the Department of Motor Vehicle’s Consumer Fraud Division and to your lender. The DMV is responsible for the dealership’s license to sell cars. The lender is liable for all claims and defenses you have against the dealership. Therefore, the lender might put pressure on the dealership to unwind your loan. That might allow you to avoid retaining the services of an attorney. However, you will want to seek legal advice if you do not hear from the dealership within two weeks. |
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