Though there are no laws that require a dealer to check a car over before selling it, the buyer’s guide states that the car is supposed to have a post on the window stating if the car has a warranty or is sold “As Is.”
The car dealer is supposed to offer a consumer to sign a copy of the Buyer’s Guide and give the car buyer a copy of it. If the car buyer have signed the Buyer’s Guide and have a copy of it the buyer will probably have no recourse, because the dealer can say it was posted on the car and no fraud occurred.
The customer may have a dealer fraud case if he/she hasn’t signed the Buyer’s Guide. Consult with an attorney if you believe you are a victim of dealer fraud.
I had a 2009 Ford F-150 that I wanted to refinance when I went into the dealer I was pressured into a truck 2010 with a rediculas payment that will bankrupt me this loan should never have went through they lied about my yearly earnings and forced this loan thru ford credit at 18 % interest I went from a 700 a month to 1,400.00 a month and I work as a contractor working part time have not been paid except 2 checks in the last 2 monthes I told them this would not work and begged for them to take back truck the same night they got me to sign and every week since I have asked them to take this truck back I made 29.000 last year because of the economy how can I pay for this I have called ford credit and complained about how did this loan go through it never should , they got there info from the dealer that I make 150,000 ayear I put no money down and ford thinks I have givin them 5000 dollars down or am giving this I need help I was suckered and now will have to go bankrupt to pay the loan off this truck will be 110,000 dollars I live with friends only work and recieve money not steady, can you help I told ford credit if they dont fix this I will sue
Thank you for the comment. Please call my office so we may discuss your situation. This is a common trend at dealerships and is the equivalent of fraudulent lending in the mortgage industry.
I live in MA and I am in the process of purchasing a truck from a dealer in NY state. I noticed the tires on the truck are incorrect load capacity. The tires on the truck now are a P rated metric tire, specifically Good Year Wrangler ST P265/70R17. According to the Good Year website, these tires have a 35 psi max pressure. Manufacturer callouts for tire pressure are much higher, because the manufacturer recommends load range E tires (LT265/70R17E)
Is the dealer required to replace these tires, or can they hide behind the “as is” clause. FMVSS 120 is clearly being violated.
Thank you for the comment. We are not licensed to give advise in your state thus I recommend you locate a local attorney. Also check the guidelines for the violation you mentioned to see if they are obligated to comply. If so then my guess is they need to comply. However from a general legal perspective you obviously know what’s on the vehicle so if you chose to agree to purchase it as is then I see no obligation on their end. If I sell you an unsafe vehicle and you realize it is unsafe then I don’t see how I would be liable for anything. But again, I recomment you contact a local attorney to properly advise you on your state laws in this matter. Thank you.
I bought a 2008 Dodge Charger that looked perfectly “okay” on the inside and the body looked nice also. Comes to find out the more I kept driving the vehicle the more I started to suspect something was wrong with it. I had taken it to a dealership and comes to find out within the three months I had the vehicle that it was behind over 3,000 dollars in repairs!!!!!!!!!!!! The Dodge dealership literally asked me if I wrecked the vehicle before! That’s ridiculous! If “as is” counts as the vehicle being wreck without the dealership stating it then I will never sign any documents every again. “As is” should apply as in what I could see on the vehicle. It’s not like I have Terminator eye vision to make a blue print layout of the vehicle and to point out the flaws before I buy it! There has to be a way for me to get a lawsuit against them. That’s ripping a person off when you sell them a vehicle that has been wrecked and behind that much in repairs. The price for the car with taxes, plates, etc… is about 15k with another 3k I have to add on for already existing repairs. That’s f-cking crazy!
I understand your frustration. Please call my office with the vehicle’s vin tomorrow. We need to look into the vehicle’s history first. You are right on one point – if the dealership knew about prior conditions it CANNOT hide behind an “as is” clause. The second way to prove they knew is to have the vehicle inspected and prove that it had a major pre-existing condition which it delibirately hid from you. We can sort this out once you call us tomorrow. Thank you.
I bought a 07 silverado z71. it had 36000 bumper to bumper warranty. turns out its been wrecked. checked car fax no records of it been wrecked. the entire driver side is painted an off color with bad body work. a body shop will fix it for 2k. what should i do. can i sue them. thank you
Thank you for the comment. It appears that you were defrauded by the selling dealership. Please call my office for assistance. We should be able to force the dealership buy back the vehicle and refund your payments, plus pay our attorney’s fees and maybe even pay some punitive damages. The main number is866-975-3666. Thank you.
Just to make sure it is the 866-975-3666!? Is there a certain person I should ask for!? A person that’s willing to help me from beginning to end would be helpful.
Thank you for the comment. If we can establish that it was wrecked prior to your purchase than we can force the seller to buy it back for the original price paid by you. Please call our office to discuss details and send documents for review.
Yes, that is the correct number. You may ask for me personally. Thank you.
- Hovanes Margarian, esq.
I bought a 2002 Oldsmobile Intrigue in September of 2009. It was used and had 84,000 miles on it when I purchased it and titled it in Wisconsin. There have been several inconsistancies in the buyers guide to date. All of this information was obtained about three weeks ago with no prior knowledge up until I did a vehicle history report. First problem. In the top left corner of the buyers guide it has a section for vehicle history the dealer checked personal use when the “VHR” states it was previously titled as fleet/rental in Ohio. He should have checked unknown! In the section for Used vehicle condition subsection drive train he checked no next to shifting problem in the transmission, 3 weeks after the purchase an auto shop had detected the slipping and the shift solenoids had to be replaced. Ninety Five days later the whole transmission blew and had to be rebuilt. Same section under Engine next to Signs of excessive oil consumption he checked no, also when I asked him about oil consumption he said no. It has burned oil noticeably since I bought it. Under the same category it has a section for Repaired Damage Corrective welds or other evidence of repair to strut tower, floor pan,frame, or structural unibody. He checked No I had also asked him if it had any frame or unibody damage he replied No. The reason I asked him is because it had 1 smashed in door in which only the door needed to be replaced. I had it taken to 2 collision shops after all the repairs had been done out of suspiscion and they determined the whole structural frame on the passenger side was chopped off at the fire wall and replaced as well as the hood, headlight, bumper cover, quarterpanel and several suspension compnents as well as 2 doors. Next category under Vehicle equipment requirements next to emission equipment he checked Legal. It failed emissions twice before it passed and the whole air injection system had to be replaced as well as the catalytic converter. Also under the same category next to suspension he checked legal. Right away I had to replace the front struts, mounts and springs due to a snapped in half spring. It was sold “as is” and also I signed a used motor vehicle purchase contract. Is there any neglegence or fraud on his part? I clearly have all the receipts for the repairs of the inconsistancies on the buyers guide. I have put $7,358.67 into this car not including repairs done by myself. Is there anything I can do? Also if it helps he bought the car totaled from an auto auction, says the VHR where it was titled frame and unibody damage. Eight days after it entered the auction I titled it in Wisconsin. He is aside from being a “car dealer” a collision repair tech. He does this out of his own garage at a seperate location from the dealership. Now in Wisconsin I hear there is a law where any vehicle under a 2004 is NOT required to be sold as/with a Salvaged/wrecked/Frame/ unibody damaged title once repaired. Is this true? Also I hear he does not have to disclose the frame and unibody damage to me unless I ask? Which I did. he replied no. I have contacted an investigator with the DOT. I am still waiting for him to return my call. Would this be a DOT issue for fraud of failure to disclose or would this be civil? And do I even have a case worth investing my time and money. Bottom line I do not feel comfortable driving this car or confident in his ability to properly repair. I look forward to your response and any advice you could give. Thank you.
Thank you for your comment. Your situation appears to be right at the top of my list of the most fraudulent offenses by dealerships. Although unfortunately I am not licensed to practice in the state of Wisconsin, I will give you my general view and advise you to contact a local attorney. The dealership had specific knowledge of the vehicle’s true condition and failed to disclose that information in order to induce you to purchase the vehicle. This constitutes fraud. Once you contact a local attorney he or she will be able to identify which of the actions taken by the dealership constitute specific violations under Wisconsin laws but the plethora of wrongs committed by the dealership should lead you to have at least several causes of action. As far as the DOT, the DMV would be the more appropriate regulatory agency for you to contact since they regulate the automotive sales industry. So please contact an attorney and the DMV as soon as possible. Please do comment back once this matter gets resolved so that our readers and I may know the outcome. Thank you.
Very truly yours,
Hovanes Margarian
Attorney At Law
I just bought a 2007 dodge nitro two days ago. It has 16000 miles on it and came with a certified warranty. After getting the car home, my brother climbed under it and discovered the front right side spring had been replaced (the price tag was still on it). This made us a little suspicious since it only had 16k miles a spring should not have been bad. We questioned if it had been wrecked. After this finding, i contacted the dealer and asked them what was going on and what they would do if when i took it to my machanic if he said it was wrecked. the dealer replied with the car fax was clean so it was never wrecked and it was possibly changed back in 09 when they fixxed some steering wheel work on the nitro under warranty. I was not too happy with this reply… My machanic then looked at the nitro and determined after taking the drivers side door apart that the airbag in the door had been deployed, so the nitro has in fact been wrecked. I need to know what I need to do next. I do not feel comfortable driving a car that i know has been wrecked, especially one that the airbags have been deployed. I paid a little over 17k for the nitro with an additional 1000 down. please let me know what you think my next step should be. thanks.
Thank you for your comment on our website. It appears that you do have a valid dealer fraud case. Please call my office to discuss further. I should be able to force the dealership to buy back your vehicle, refund all your payments and pay our attorney’s fees.
Very truly yours,
Hovanes Margarian
Attorney At Law
818.990.0418
dealerfraud.org/our-blog
I bought a 2002 land rover freelander with 50,000 from carmax with service contract. 20,000 miles later the engine overheated and seized. The dealer informed me that those autos have 15 different engine design flaws which cause the engine fail before 80,000 miles. Land Rover never recalled these defective autos and hide behind their 50,000 mile warranty. Im making monthly payments for a car that doesnt work or cant even be fixed.
Can I sue carmax for selling me a defective car?
I bought a 2005 nissan armada with 44k on at the dealership. When I test drove the car there was a loud thumbing coming from behind the dash when I turned on the A/C. ( that should have been my first warning). At time of purchase there was a list of itmes that needed to be fixed before I was to even drive off the lot. This too was a pre-owned NISSAN CERTIFIED vehicle. The dealership claimed that it had done a pre-certified inspection prior to even putting car on lot for sale. Well, based on the laundry list of items that needed to be fixed prior to purchase we know that didn’t happen.
Upon purchase, the dealership wrote up a “due bill” for items needing to be fixed. I purchased the car on March 26th and it’s August 11th and they are telling me that they can NOT fix the items that are on the ” due bill”. I have had the car in dealership hands more then I have owned it and driven it. When first purchased they tried to fix the ” due bill” items on several occassion. Each time claiming that the item was ” normal” and no action was required. I specfically requested the “due bill” items to be fixed b/c they were NOT normal and the sales associate understood this. However, at this time, service is saying ” sorry can’t help ya”.
Since I have owned the car there are have been SEVERAL other issues that have come up. Major work was needed to replace steering wheel bezels. This was done only 3 months after purchase . ( recall though that the car was in shop for 3 weeks at purchase . I hadn’t driven it but 3 days prior to going into shop)
The day I picked up vehicle from 3 week service the fuel sending ( gas gage) stopped working.
I again just picked up the vehicle for replacement of the sealing on windows which made the windows rattle very loud . ( again, another issue stated at purchase) now the automatic locks are not working.
In a nutshell, this car was not serviced prior to sell. To disclose this vehicle as Pre-certified seems fradulate.
I continue to have outstanding issues that have not been addressed or fixed. What can I do??
I want to give the car back, its been nothing but problems from date of purchase ( along with bad servicing and unproffesional contduct).
What are my options?
I bought a 2001 ford taurus in 2008 the price on the car was around $9000 the total came out over $1300, then i saw the same car in another dealer for less than $2000 and i just want to know if i can do anything to maybe save some money since the dealer is also telling me they wont take the car back, can they do that?
Please call my office at 818.990.0418 so that we may investigate the vehicle’s history to see if we can discover a legal basis for making them reverse the sale. Just because they overcharged you is not enough.
- Hovanes Margarian, Esq.
It sounds like you are a victim of false certification. We should be able to make them refund your payments. Please call our office at 818.990.0418.
- Hovanes Margarian, Esq.
I bought a used 2006 Saturn Vue from a dealer in Lyndhurst, Ohio. Prior to the purchase we complained about the unsafe tires to the salesman (who didn’t even respond to us) and the need for them to replace all 4 tires. Back and forth with emails have resulted in their response of we will charge you $300 for 4 tires and have our service department install them. I said you mean to tell me that the tires cost $600? Yet the finance director could not even tell me who the manufacturer is. They want us to go somewhere and buy the tires, submit a receipt and they will “consider” reimbursing us. We can’t afford to spend $400 (we found several local tire dealerships that have buy 3 get 1 free deals at good prices!).
My feeling is that they should replace the tires out of their pocket…not mine! What do you think?
Thanks!
I agree with your thought but in black letter law you saw the tires and did not like them before you purchased the vehicle. This means they do not owe you anything. Now if you can prove that the vehicle was unsafe and unmerchanable at the time of sale then you can probably get them to buy it back or pay for the tires. There might also be specific laws in your state on this topic. Unfortunately I am not licensed in Ohio and therefore I am not specific with the laws specific to your state. Consult a local attorney and proceed accordingly. Do come back and comment about the outcome of your situation once hopefully it is resolved.
Thank you for the comment.
The car hydroplanes on the freeway in rain…a 3 year old was in the car one time and they almost lost control of the car. This was brought to their attention immediately after it happened and they still have no remorse.
Ok heres the story… My friend bought a 2004 PT Cruiser from a supposedly reputable neighborhood dealer. The car came with a thirty day warranty for parts and labor and was roughly 1500 down. He was so excited that he even got his little brother to purchase a car from the same dealer. I believe it was the lending company that told him that he had to have full coverage on the vehicle so when he tried to call to get insurance he was told that he “cant get full coverage on a salvage title car.” Now he was never told that the car was a salvage title. And when he bought the car they were supposed to give a free car-fax report to him but he said that they “beat around the bush” with getting it for him…. I suppose he forgot about the whole thing and continued with liability insurance (no car fax was given to the brother either) but it was all bells and whistles. Not even shy of thirty days after having the car his brothers transmission went out. It was hauled to the dealer and they claimed to fix it for a few hundred dollars. Job was done but the car still ran horrible. A few months later my friend had noticed that a bill collector had been calling his phone in regards to his account which was past due thirty days… The dealer had not been sending in his payments to the finance company as they were supposed to in his a agreement for the first six months. Ok after hassling with the payment situation. he notices something was very wrong with the cars drive-ability. when he took it to the shop he exclaimed to them that it was something wrong with the shifting which caused shuddering and different things which could only be the transmission. they told him thst it was a motor mount and axel which he had to pay out of pocket. Ok he got the car back and a few weeks later its back at the dealership because of the axle supposedly. A few weeks after that the car fails on the freeway because of what…… none other than the transmission. It was hauled to the shop and the dealer said theyd fix it for 1000 dollars nothing less….. well until he started to threaten a lawsuit on them. They lowered the price to fix the transmission to 650. They kept his car for weeks and weeks giving him the run around while they Jerry-rigged his car. He brought to the dealers attention that they probably knew something about the car that they werent saying and they continued to tell him that they didnt… Ok the car was finally done after missing days of work and wages and one week later the same thing happens again transmission problems. He was now mad and called them to come pick the car up and he decided to take a trip over there to discuss the awful service he had received. He told the owner that he wanted his money back and that he was calling the news and filing a lawsuit. The owner replied “Now I dont even feel like giving you your money back because I saw you and your brother drag racing up and down Lorain.” At that point my friend began to fume…. (He works two jobs is 21 years old) ” How dare you sit up here and tell me its my fault that the transmission went out two times because of me drag racing.” the argument continued and escalated to yelling and screaming. There is a few missing details not to mention that the brothers also went out a second time on him after they so called repaired it. But I was just wondering would it be a smart thing to pursuit this matter with legal action or is it just a loss on my friends behalf?
Dear Ashondre,
Sounds like your friend was a victim of dealer fraud. Just have him call my office. I should be able to get his money back relatively quickly. As for his brother, I need to get more details to know for sure if he has a claim but he too was likely defrauded. Thank you for the comment.
Very truly yours,
Hovanes Margarian
Attorney At Law
818.990.0418
I bought a 2004 Nissan Quest on November 20, 2010 at a dealership in Livingston, Tennessee. I live in Kentucky. Before we signed the papers we told the car dealer that it was making a noise in the front end. He assured us it would be taken care of and they would make an appointment for the next week. The noise kept getting worse and we thought it was a wheel bearing on the front right side. My husband took the car to the dealership on Friday, November 26,2010 to get it checked out. They told him it was not the wheel bearing but they flushed the transmission. They told him to try to drive it another 2ooo to 3000 miles and if it got worse to bring it back and they would fix it at no charge to us. A friend of ours that had also bought a car there was standing with them when the salesmanager told him this. We did not drive the car very much until the next Tuesday and I drove it 7 miles to town and 7 miles back home. When I got home the transmisssion made the car start jerking. So my husband checked out what it was doing when he got home. It was jerking worse when he got home and tried to drive it. He told me to check it the next day to see if it was any better. It was worse. It would not even take off. The transmisssion was completely out! We did not get a buyers guide or we don’t remember signing one. The numbers on the odometer are 25000 miles different than they are on the finance papers. They have promised to fix the van or just get us another one but we have yet to get any results. They have given us a loaner because we had to call them everyday to get some kind of answers. They only did that after they found out that we have a witness to what we were told. Do I have a case? Is there anything that can be done?
Thank you for the post. It does appear that you have a case against the dealership however some research is needed into the history of the vehicle to assertain if there were any other issues that the dealership might have known but failed to disclose. Unfortunately we cannot represent clients in your state so I would recommend you contact a local attorney immediately and have him or her represent you. Best of luck.
- Hovanes Margarian
I have a 2003 ford expedition and it has been in the ford shop for 1 year, the problem is that the part I need must be built for my vehicle and the company that builds them is no longer. Ford in Dearborn Michigan knows of the problem,I contacted them after it had been in the shop for 6 months, they after a while contacted me and ask that I take the car to another ford shop and I did they have now had it 6 months still not fixed. I was contacted 3 months ago saying the car was fixed went and paid them and had to take it right back because it was not fixed , before this incident Ford was paying for us a loaner car but then when we thought the car was fixed we turned it in so no loaner car. I finally had to buy another car just so we could have another one because I work and my husband was without his truck as I was driving it to work. We are now back in debt only because Ford and this dealer ship can not fix mine. The ford engineers are involved but I mean one year or I should say Oct13 will be one year. We have to date spent over $1600.00 and still not fixed, do I have any recourse on this?
Thank you for the comment. It sounds like Ford needs to step up and purchase this vehicle from you. Contact my office to discuss wheatear I can assist you with this. One year of downtime is unacceptable.
Hi, I purchased a car with my fiance to get away from my old broken car that I have. I borrowed money from the bank to get the car. I drove a little over 80 miles after seeing an add in the local flier for a 2001 KIA Rio with “cold ac”. I talked with the “partner” who listed his number with the ad. After speaking with him, I was give the name of the person’s house that the car was at. Now I thought this was a private sale, but when I looked at the certificate for title it shows that they were a company selling the vehicle. H&A Auto Sales. I took the car out for a test drive where I noticed that the car didn’t have cold ac as the ad stated. The location of the deal made it hard to really test this vehicle, it was a bunch of hills and corners. Now the vehicle was a 5spd and it shifted fine, I was able to get the car to go 55 and seemed to drive great. So I brought it back and talked with the owner a little more. I asked him about the other vehicles in the “lot” and he basically shot me away from them with high prices or needing work, to stick me with this one. So I asked my fiance what she thought and she said we need it, so I went for it. I was told to stay there with the car as the owner was going to get with the partner and get the paper work for us to sign. (Now that this happened, I know why he didn’t want us to drive over there to his partners house to get the paper work.) But anyways. He came back with the certificate for title and we signed that, and were on our way. Well I got about 10 minutes away, If that, to the Highway and when I tried to speed up to get out of the way for traffic and the car would not drive over 60 mph. I tried to call the seller and ask why, and he didn’t answer the phone. I had to call my fiance and tell her to slow down because she was well over a football field away at this time. I continued to drive the car thinking it might have been bad gas from sitting. I tried to call the seller a few more time and finally caught him. I asked if he knew why it was driving like this and he said he had no clue and had to get off the phone for a call. I called my fiance back and let her know we needed to stop in Tupelo which was the next town ahead, about 15-20 miles. At this time the car wont go above 55 now. I also started to get kick back from the car or like a slight hesitation. As we got closer to Tupelo about 30 minutes after we bought the car the check engine light came on. So we got to the exit ramp and went straight to the Autozone and had an OBD2 ran on the vehicle to find out why. The car posted extremely rich/lean fuel to air ratio, claiming something about bank 1, I think. The associate at Autozone said it is most likely a major engine problem. I began to call the seller and his partner like crazy atleast 3-4 times each leaving voicemail for one and the others just rang. We went to dinner as we planed as I could not drive the vehicle back 15-20 miles at 45 mph now with all the high traffic. After dinner we both called several different times and still nobody would answer the phone. This happened on a Friday night. I informed the seller in the voicemail that I would sue him and still he never called back. Well at this point we still lived another 45+ miles away and couldn’t just leave the car there. So I drove the car home, we took the Natchez Trace out here which is pretty much a straight shot and carries a limit of 50 mph so it was a little safer. As we got closer to where we live I couldn’t get the vehicle over 35mph, and the car gave even more back pressure. Its now about 12 midnight and were still not home. We got home at 1:14 am. The next morning, my fiance called her dad who was a mechanic for some odd years and we headed that way with the car. This was supposed to be an easy task that proved much more difficult than that. We got to the next city from ours at a slow pace of 20-25 mph. and we stopped at the gas station. I had got parts that morning that might have helped, I purchased new spark plugs, new spark wires, a fuel filter and an air filter. So at the gas station, I changed out the wires hoping one or two might not have been making connection. Well this didn’t help! So within my fiance’s frustration she called both numbers for the seller and his partner. Well the partner’s phone was answered by the man’s daughter and she told me that he was out of the state getting cars. So she called the seller and he answered the phone, she handed me the phone, I started talking to him and explained that I had it scanned by an OBD2 at Autozone. I told him that they said it had major engine problems and he became belligerent at me saying “Are you stupid young man, I told you to drive the car, I told you it was “as is” when you left.” I told him that doesn’t matter, I didn’t agree to that, I didn’t sign for that! Not to mention the ac doesn’t even work! It blows hot air. he said well “I only drove it 1 mile and it worked then.” I told him I was going to sue him and He told me good, I should sue you for being stupid. He then persisted to cuss me out and then hung up on me. I called a few more time and he just ignored the call or turned his phone off. I have messaged several different people about suing this clown for a dealer, and nobody returns my call. It was later brought to my attention through blogs that this specific vehicle was under recalls for bad parts from KIA, which wasn’t relayed to me at all either. Then I called KIA they said that the vehicle was worked on back in 2007 for the recalled parts, but these symptoms are similar to those experienced by the recalled parts. I want to get the money back for this car, I need a working car as I started up a small computer store and this is putting a drastic slam into that as I don’t have a working car to get to my customers! Please help or direct me to somebody that can help or help me to file a suit by myself. Thanks, Mike 662-542-5228
Dear Mike, Thank you for the blog. I can sense your frustration and my feeling is that these men knew exactly what they were doing. In general, when you purchase a vehicle the seller must disclose known defects. Seller is not obligated to disclose information of which he has no knowledge. However in your case it is easy to prove (and I believe a jury would agree) that the men knew about the vehicle’s defective condition. Since the condition manifested immediately after your purchase it is extremely unlikely that it was fine prior to the sale. Also, a knowledgeable mechanic and/or expert can inspect the vehicle and confirm that the problems were present long before your purchase date and manifested previously. With that said, I just wanted to give you general information about your case. Unfortunately, we are only licensed to practice in the State of California thus we cannot give actual advise or represent you out of state. However if you contact a local consumer protection attorney and convey to him/her my view of the case, he/she will have a good starting point. Some research will need to be done to determine local laws under which this lawsuit needs to be filed (of course you would include fraud as your main claim). Contact a local attorney and resolve this matter before it causes you more harm. Best of luck to you and your fiancé.
My wife bought a 2003 Honda Accord in April of 2009. She paid $4500 down and financed $7000 at a ridiculous interest rate. I just talked her into trading the car in so we could get a lower interest rate and we got a huge surprise. The car has a salvage title that we were not made aware of. Is there anything we can do? If we go ahead and trade the car, can we still do anything?
Thank you for posting the comment. It appears you have a clear case of fraud. If we prove that the dealer knew about the title being salvage we should be able to get a full refund of all your payments. Please call me to discuss.
Very truly yours,
Hovanes Margarian
Attorney at Law
so my best friend bought a car then found a percription for hydrocodene in the car, he could have very well got in alot of trouble. is there anything he can do about it?
Thank you for the comment. Since he found the prescription before anyone else did he should merely dispose of it (throw pills down the drain). He has no damages since nothing else has happened as a result.
I just bought a 07 nissan murano out of Mississippi bu2 weeks ago. It”s registered in Alabama. I started hear but dididn’t think anything I just bought a certified 07 nissan murano 2 weeks ago out of Mississippi. It’s registered in Alabama. Anyway, I was hearing a noise but didn’t think anything of it since I had always driven a car. I thought it would go away until it started getting worse. And the car and steering wheel would shake. I took it to the dealer I purchased it from. I told them that I was told the tires were dry rot. They lookd at the car and it was the passenger axle and bearing. Now when I bought the vehicle it was listed as certified preowned. I read about the 145 inspection it supposed to go through and the axle and a drive test is part of it. Had that been done the bad axle and noise should have been caught and repaired before being sold. Can I get a copy of the dealer inspection and can I return the vehicle withot reprecutions? That’s misrepresentation to sell a car claiming that it is certified preowned and the inspection and repair wasn’t done fully.
Thank you for the comment. I do concur with your assessment that the misrepresented the condition of the vehicle at the time of sale. Since the vehicle was sold certified pre-owned it should have been properly inspected and the axle condition should have been repaired or disclosed to you at the time of sale. Unfortunately we are not licensed to practice law in the states of Alabama and Mississippi thus we cannot give you legal advice. Please contact a local attorney who may assist you and perhaps represent you in negotiating a return of the vehicle and a refund of your payments. Best of luck.
I recently purchased a 2008 GMC Denali from a car lot in Warsaw, IN, I live in Michigan. It all started when I called this dealer inquiring about 2 2008 Ford Escapes for my daughter they had listed on web site. One was $10.7K and one was $12,8K, both exceptionally priced for the year and mileage. We discussed the cars and told them I would be there the next day which I did, little over an hour drive. When I got there they said one of the Escapes is no longer available and the other mistakenly got taken to their Goshen lot about 40 min away. Wasn’t much I could do but wanted them to look at my 2004 conversion van to get trade in value to get that out of the way. He said oh probably $7500 to $8000. I said good that’s what I was hoping for. On the following Monday I seen the 2008 DenaliI which I was interested in for my wife so called Monday wanting now to look at the Escape and Denali. Was told the Escape was no longer available. He agreed to meet me at the Goshen lot with the Denali which was about 45 min away. Once there, took test drive then went inside to discuss pricing. The website listed the car at $29K. After bout 20 min he came back and said with trade in we’re looking at $28.5K. Said I was expecting about $20-21K. He said Denali is $31K minus $2.5K for van. He said web site is price minus down payment, $2K, said they do that for the banks. Said van is only worth $2.5K and kept evading why he originally said $7.5-8K. After complaining and negotiating for 2 hrs even after place had closed and I tried leaving 3 times, he somehow railroaded me into agreeing on $26.5K and he would get me a 2008 Escape for $10-10.7K, said they had 3 coming in in few days. Once home, found a lot of stuff didn’t work, DVD rear controls, rear AC, no navigation CD, etc., that night I was so disstraught over getting talked into this purchase I called him at 11:30PM and left message on his phone saying I don’t like the car, felt he used high-pressure sales on me, etc., and I wanted to back out of the deal. The next morning no call so called him at 1:00PM and asked him if he got my message and said no so explained the situation again and he said no it was too late but would get things fixed and get me an Escape. Never called me so left another message and sent email listing everything needing fixed and needed to look at Escape. Still no call back after 9 days now. I looked at their website again and noticed they still have the 2 Escapes listed so called not giving my name to see if they’re still available and they said yes. I sent someone else to go there to see if Escapes were available and amazingly they weren’t available. I feel they list cars that don’t exist and great prices to lure people to their lot only to get pressured into buying something else. Do you think this is scam done intentionally to get people to their lot?? I feel he exaggerated the value on my van intentionally to get my interest to come back. Can they list a price online and not honor just to get people coming to their lot???
\ Told him I would meet him at the Goshen lot so we both had to drive about 45 min arrange meeting the guy at their Goshen lot which was closer for me
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On Sep 9 I bought a used Cadillac DTS. The car had the check engine light on and the dealerships mechanic check it out and they safe it was the cylinder head #2 and the a/c had to be changed, then I told them there was a knocking noises then they said it was steering colume so the ordered the part and they asured me that it was gonna be fixed, so a week later they said the parts were in so on. Thursday I brought the car in to get worked on. When I git there the mananger said can u just bring it in next week because we are busy and we won’t get to it until next week so I said ok, next Thursday. Be fine. Then that Thursday came around my husband brought te car in. They said there was no appt for the car, so I called the GM and talked to him. So finally 3weeks later they finally got to fix it. So, I noticed the noise getting worse and louder so we told them. Then they said it was the oil and it will be okay, they changed the oil from 5w30 to 20w40 cuz it was a older car. So took the car home and on my way home then the noise was getting worse so I called them and told them. So they said bring it in on Monday since it was Saturday that I picked up the car. Monday came around I called to tell them that I was gonna bring the car in and the GM said cal this shop he specializ on engine works and the GM offered to go 50/50 on the cost and he said its not a big job so I said ok. I bring to the shop and the mechanic that specialized in engine works told me no, your car needs a new engine and its gonna cost me $4k-$5k to fix it. So what can I do?
Thank you for your comment. It appears that you purchased a vehicle with a
material preexisting defect. I would like to review your documents and the
exact timeline between the date of purchase and the vehicle exhibiting the
problems you described. It would be best if we discuss this matter further
via phone or email. You can call my office at 818.990.0418. If we can
establish that the dealership know of this defect and concealed it at the
time of sale with the intent to induce the sale and subsequently force you
to pay for the repair (or at lease for half of the repair costs) than we
should be able to force them to buy back the vehicle, refund your payments
and pay our legal fees. Let’s discuss on Monday. You may also fax us your
documents before you call. Our fax is 818.990.1418. Thank you.
- Hovanes Margarian, Attorney At Law
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I have been a victim too. I just recently bought a car from this Company and they ripped me off! I am a first time buyer and have no credit. When i was signing the papers, the guy was confusing me and telling me to sign here, sign there. I never had a chance to read everything. And when i got home, i reviewed all my paperworks and found out that i have been ripped off! I currently have 24.00% APR, without even knowing it. The car only costs $4999 but the total went up up to 11 f***in grand! The car price is doubled! Now everyday i have this burden and regret for buying a car from these crooks. Is there any lawsuit for my case? or is this consider fruad?
Unfortunately it is not illegal for a dealer to overcharge on interest.
Unless there is something else wrong with the vehicle, its history or
performance, you will have no remedy against the dealer for tricking you on
the interest rate. The rate is shown on the face of your purchase agreement
thus they will claim that you agreed to those terms. What you can do is try
to get another bank, perhaps a credit union, to take over your financing and
give you a lower interest rate – they would pay off the loan and you would
pay them pursuant to the new terms. Best of luck. If you would like, you
may call us and we will run a free vehicle history report to see if there is
anything in the history of your vehicle which may lead to legal grounds to
rescind the contract. Our number is 818.990.0418.
hey i live in CA, i bought a 98 honda civic ex from a dealer wholesale call c&C wholesale. before i even pay for the car i asked the dealer if the car was clean title and he told me yes its clean title so then i asked him another question if there anything wrong with the car he told me there nothing wrong with the car. so 2 month later when the dmv paper came in the mail i found out that the car that the dealer sold me was salvage title and there was a lot of thing wrong with the car .so i told the dealer about it and asked for my money back but he wouldnt give me my money back and he never give me a copy of the buyer guide.could i sue the dealer wholesale ? i have video proof of him saying that he never gave copy of buyer guide to any of his customer. and also he saying that the car was clean title and there nothing wrong with the car . can i sue him for ll this ?
Yes! You may definitely sue the dealer for failing to disclose that
the vehicle’s title is salvage. Please contact our offices immediately so
that we may discuss your case in more detail. We should be able to obtain a
full refund of your purchase price plus our legal fees. In all likelihood
they grossly overcharged you for the vehicle thus you definitely should take
some legal action.
I have a 2005 Chrysler Pacifica that needs a new transmission. I bought it June 2007 from Carmax. We did not know there was a recall for this model Nov. 2006. I called Chryser today and gave them the VIN number. Sure enought, our car falls under this recall:
Manufacturer DAIMLER-CHRYSLER CORPORATION
Recall Date: NOV 08, 2006
Potential Number Of Units Affected: 127928
Description POWER TRAIN:AUTOMATIC TRANSMISSION:CONTROL MODULE (TCM, PCM)
Summary ON CERTAIN PASSENGER VEHICLES, THE FUEL PUMP MODULE AND THE POWER TRAIN CONTROL MODULE (PCM) SOFTWARE MAY ALLOW THE ENGINE TO STALL UNDER CERTAIN OPERATING CONDITIONS.
Consequence THIS COULD CAUSE A CRASH TO OCCUR WITHOUT PRIOR WARNING.
Remedy DEALERS WILL REPROGRAM THE POWER TRAIN CONTROL MODULE. THE FUEL PUMP MODULE WILL ALSO BE REPLACED ON VEHICLES BUILT FROM AUGUST 1, 2004 THROUGH SEPTEMBER 30, 2004. THE RECALL IS EXPECTED TO BEGIN ON NOVEMBER 20, 2006. OWNERS MAY CONTACT DAIMLERCHRYSLER AT 1-800-853-1403.
Can we sue Carmax for selling us this car after the recall had been made?
P.S. The car salesman never gave us the Carfax after we constantly begged for it.
Thank you for the comment. Automobile dealers do not have an absolute obligation to inspect vehicles in a set way and to check if there are any recalls on the vehicle. What you need to do is check with Chrysler to see if the recall was performed on your vehicle. If it have not been performed, ask Chrysler is they would be willing to perform it. There is a possibility that they might refuse to do so. Chrysler might take the position that since the recall was announced in 2007 and your vehicle has not had issued for the last four (4) years, it does not have a problem. On the other hand, it a part is defective and identified in a recall than it should be covered by the recall. You should act fast, I would recommend getting to the bottom of this during this week. If needed, call our office as long as you are in the state of California. Otherwise, find a local attorney. Thank you.
- Hovanes Margarian, Attorney At Law
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I had a certified inspection done by Infiniti on a private seller car. They said everything checked out fine. On the way back from Virginia to Missouri their was so much fuel all over the place that I had to have it towed. Now I face 3-4,000 in repair costs. The two places I have had check it out here found evidence of a supercharger that was uninstalled correctly. I was also never made aware of the supercharger by the seller or the dealer. The inspection said all the tires were 7/32nds but one rear one is new and one is completely worn down. I was told everything checked out fine and there was a check next to Engine/Oil leaks. The engine block was actually missing bolts and things were moved all over due to the take out of the supercharger. I was not even told of the supercharger, how can I pursue the dealer and or the seller?
Thank you for the comment. Unfortunately we are not licensed outside of the State of California and therefore cannot give you any legal advice. Please locate an attorney within your state for immediate assistance. Best of luck to you. Thank you.
I purchased an 2004 Mercedes Benz CLK 500 in mid May 2011. I pulled the carfax before buying it and it had no accidents reported or any kind of negative reports etc. I put $9000 down on the care and leased the rest owed. They dealership did an we owe for a few minor parts on the car such as new rotors, Brakes, and sunroof motor.I left the following June to go to military training in Ft. Lewis, WA. I returned in late July and took my car for a drive to the store and noticed that the SRS (airbag system) light had come on. I went to a local mechanic and he said the light could just need resetting because the vehicle had a clean history because I told him the carfax said their wasn’t any on there.
I decided I wanted to downsize and get an SUV to more suit my needs for travel and supporting my equipment for travel. I went to a local dealership for trade-in. he told me my vehicle had been wrecked. I denied it based on the carfax info. So he pulled and it said the same as I said, no auto damage history or title issues. So he said he would not take my vehicle because it was wrecked and unsafe because the airbag issue. He asked how long had I been driving around with the airbag issue and then informed that my car was unsafe for driving till the SRS was fixed. Can the dealership that sold me the car be held liable for selling me a wrecked car with unstated airbag issues? I put $9000 down for a car that I thought would be safe.
Thank you for the comment. Unfortunately we are not licensed outside of the State of California and therefore cannot give you any legal advice. Please locate an attorney within your state for immediate assistance. If you are in the State of California please call our offices at 866.975.3666. Best of luck to you. Thank you.
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