The Consumer Protection advocates

Tag Archives: as-is

Feb
19

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 …



Nov
23

California Law provides a number of reasons to justify rescinding a contract to purchase or lease a new or used automobile. In other words, California allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment. The basic concept is that there must be a “meeting of the minds” in order for a contract to be valid. A contract that is put in writing tends to eliminate significant “he said-she said” arguments over what exactly was agreed to, since the significant terms of the contract are usually contained in the writing. California law requires that the contract have …



Oct
26

It is not uncommon for a dealer to try to sell you a car that has been wrecked, telling you that it is in great shape. Often dealers will sell such cars with the federally required “As Is, No Warranty” sticker on it which means you cannot return the car because you agreed to accept any damages. If you intend to buy an as-is vehicle try to get at least a 30 day warranty from the dealer. Also check the car through CarFax. Another form of fraudulent advertising occurs online, when car sellers put up ads for a car at a price much lower than similar vehicles. During the …



Oct
22

According to the requirements of federal law every used vehicle offered by a dealer (dealer is anyone who sells more than five vehicles a year) must have a Buyers Guide posted inside. Buyers Guide should include the following: * Whether the vehicle is sold “as is” or with a warranty. * A declaration of what percentage of repair costs a dealer will pay if there is a warranty. * A reminder that spoken promises are difficult to enforce. The Buyers Guide becomes part of the sales contract and should reflect any negotiated changes. It also rules in case of a conflict.


Categories: FAQ

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Oct
09

One of the forms of auto fraud that is widely used by car dealers is the misrepresenting the true condition of the vehicle. The dealer may tell the customer that the vehicle is in excellent condition and the customers believe this just because the vehicle is cosmetically clean and mechanically sound. Unfortunately, this is not always the truth. Be extra cautious if the vehicle you intend to buy comes without a warranty or “as is.” Vehicles that have been wrecked, declared a total loss by an insurance company, or rebuilt have a salvage title. The title of the vehicle must disclose that the vehicle is salvage. Car dealers must …



Jul
27

There are numerous types of misrepresentation, but the most commonly used are the following: The dealer may inform you that the vehicle is new, when in fact it is used or reconditioned. Remember, that if the vehicle has several miles on the odometer, it was not likely a “new” vehicle. The dealer may also give inaccurate representation concerning the quality or benefits of the vehicle. Often, the dealer will fail to disclose information regarding the history of the vehicle. For example he may hide that the vehicle was a “demonstrator,” was previously totaled due to body damage or flood, has a salvaged title, was a previous “lemon law buy-back”, …



Jul
21

Many used cars in the United States are damaged. These damages range from minor body damage to serious frame damage and millions of these cars sold throughout the country each year. Selling damaged cars is a very profitable business for car dealers. Is the car dealer responsible for selling these cars and what is his liability? The areas of law that govern this liability include the following: Consumer Fraud, Fraud, Breach of Warranty and others. Fraud It is very common among car dealers not to disclose the fact that the car was previously damaged. The reason for this fraud is basically the fact that the dealers know that the …



Jul
21

Purchasing a used car in California may be very confusing and complicated today. If you intend to buy a used car do some research and prepare not to become the victim of used car fraud. If you consider purchasing a used car, these key steps may be very useful: Step #1: Before you buy the vehicle have it inspected by a qualified mechanic who does not work for the dealership. You are allowed to have the vehicle inspected. If the dealer refuses to let you inspect the car simply walk away. Step #2: It is very important that you get a written warranty for the car you buy. Step …



Jun
17

If you have made the decision of buying a used car, consider doing the following before visiting the dealer: Check the Buyer’s Guide on the Car You Are Considering. The Buyer’s Guide is designed to protect car buyers against used car fraud and is a requirement of the Federal Trade Commission (FTC). The guide should be clearly posted on the vehicle. If it isn’t, ask the dealer to provide it for your review. Pursuant to the FTC, the Buyer’s Guide should include such useful information as: • How the car is being sold (as-is or under warranty). • How much you can expect the dealer to contribute to repair …