New Jersey Lemon Law Lawyer Blog

CAR DEALERSHIP SELLS CAR TO TWO BLIND PEOPLE.

This is not a joke. It is true.

The names will withheld until suit is filed BUT today I saw, possibly, the worst case in the many years that I have been doing this type of work.

Both of my clients are legally blind. The primary obligor and the cosigner. They do not even have a driver’s license nor are the permitted to drive. The dealership even got the car registered and insured. The customer was at the dealership with his cane and his glasses. When they told me the story it was hard to believe. They are both legally blind.

To make matters even worse the car is a mess. It looks like it was in a prior accident with a different hood and various parts are melted on the interior of the car. They were told the car had only one prior owner when it had two.

The following are the causes of action (theories of liability) against the dealer and/or the lender.

• Consumer Fraud-deceptive conduct. Cox v. Sears.
• Fraud
• Breach of contract
• Breach of good faith and fair dealings. Wilson v. Hess
• Revocation. Cuesta v. Classic
• Negligence
• Discrimination against disabled persons, the blind. Law against discrimination.
• Declaratory relief that the contract is void ab initio (from the beginning)

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AUTOMOBILE DEALERSHIPS AND CONSUMER FRAUD

Prior to instituting suit against an automobile dealership for consumer fraud or breach of warranty, it is necessary to understand the nature and extent of the insurance provided for the dealerships for this type of conduct. Initially, there are two primary insurance companies that provide this type of coverage. The largest one is Universal Underwriters which is now owned by Zurich. As a matter of public policy, punitive damages, triple damages and consumer fraud are not covered within the provisions of these polices. Generally, the policies provide for payment of a lawyer to defend the claim. At such a time, if there is a jury verdict or settlement, it generally will be the obligation of the dealership. Any settlement would be paid by the dealership. However, there are various allegations that the selling dealership would be covered for under their policy of insurance. Each policy is different and has to be reviewed, however, generally, Truth in Lending violations and negligence are almost always covered as a matter of course. A negligence allegation would be that the dealership failed to act in a reasonable manner pursuant to their relationship with the customer. Truth in Lending violations are statutory violations and are a violation of the Federal Truth in Lending Act.

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