Certification of a used car is a major selling point when it comes to selling a used car. The value of the vehicle drastically increases if it is certified. Improper certification is a form of dealer fraud whereby a dealer advertises the vehicle as certified when in fact it is not or if a proper inspection was not conducted at the time of certification and the vehicle has characteristics that would prevent it from being certified if inspected properly.
It is a violation of the California Vehicle Code for the holder of any
dealer’s license to advertise for sale or sell a used vehicle as “certified” or use any similar descriptive term in the advertisement or the sale of a used vehicle that implies the vehicle has been certified to meet the terms of a used vehicle certification program if prior to sale, the dealer fails to provide the buyer with a completed inspection report indicating all the components inspected, if the dealer disclaims any warranties of merchantability on the vehicle, if the vehicle is sold “AS IS,” if the term “certified” or any similar descriptive term is used in any manner that is untrue or misleading.
In the event that the dealership fails to act in conformity with these laws, the consumer is entitled to remedies to include rescission of the purchase agreement and payment for actual damages, consequential damages, punitive damages, and costs of litigation. In most instances we are able to recover attorneys’ fees as either consequential damages or punitive damages.