Articles Posted in Car Dealership Fraud

When buying a damaged used car, it’s important to consider several factors. You should obtain a vehicle history report to determine the scope of the used car’s accident1. It’s also important to consider the accident car’s title status1. A car with a salvage title has undergone extensive damage (such as in an accident or flood), which usually means you can buy it for much less than market value2. However, while saving money on a used car is appealing, you might want to think twice before buying a car with a salvage title2.

Reselling a car with an accident history may be harder in the future1. If you decide to buy a car with a salvage title, it’s important to get a full inspection by a mechanic you trust and check the car’s history2. You should also see when the salvage title was issued2.

If you purchased a used vehicle that turns out to be damaged, you may have some legal options to seek compensation or remedy. Depending on the circumstances of your purchase, you may be able to file a claim against the seller, the manufacturer, or the dealer for breach of contract, fraud, misrepresentation, or warranty violation. However, before taking any legal action, you should first try to resolve the issue with the seller directly. You should contact the seller and explain the problem, provide evidence of the damage, and ask for a refund, repair, or replacement. If the seller refuses to cooperate or denies any responsibility, you should then consult a lawyer who specializes in consumer protection or lemon law cases. A lawyer can help you evaluate your situation and advise you on the best course of action. You may also want to report the seller to your state’s consumer protection agency or attorney general’s office for investigation.

What You Need to Know About the Kia Class Action Lawsuit

Kia owners may be alarmed to hear about the class action lawsuit filed against the company. This lawsuit alleges that certain Kia models have defective engines that can lead to catastrophic failures and potentially endanger the lives of drivers and passengers. If you are a Kia owner, it is important to understand the details of the lawsuit and how it may affect you.

The lawsuit was filed in 2017 and includes owners of certain Kia models with Theta II engines, including the Kia Optima, Sorento, Sportage, and Soul. The plaintiffs claim that Kia knew about the defects in these engines but continued to manufacture and sell the vehicles anyway. The defects, which can include engine seizures, misfires, and stalling, can cause a dangerous loss of control on the road and potentially cause accidents. The plaintiffs seek compensation for financial losses, injuries, and wrongful deaths related to the engine defects.

Opening Statement

I just updated my webpage to include an example of an opening statement in a trial against the car dealership for selling a car, used car with prior damage. Ordinarily, this takes approximately 15 to 20 minutes depending on how the court schedules the opening statements. This is the usual length of the trial in case which might last 3 or 4 days. Defense opening statement which goes 2nd at trial, would also be about 15 to 20 minutes.

This is an example of an opening statement, and a trial, where the plaintiff purchased the vehicle and the dealer told him the car was not in an accident. The plaintiff later discovered that the car was in an accident. This is an example of what I might tell the jury in a similar or substantially similar case. Each case is completely different but this auto fraud case is a bit of the standard fact pattern and has many common factors across cases I have handled.

Guaranteed Credit Approval

Consumer Fraud and False Advertising:

Guaranteed Credit Approval. Financing Guaranteed. We finance Anyone. We will Get it Done.

Guarantee Credit Approval.  Be wary and get help if you see this advertisement

You hear those advertisements all the time on the radio and TV. Credit Guaranteed. All you need is a job and pay stub. Rebuild your credit. Any deal.
There is no such thing as guaranteed credit. There is no such thing as guaranteed credit approval. Each and every transaction must be reviewed by a bank or lending source. The bank or the lending source make a decision to extend credit based on the credit score, your job and any one of numerous other items that might be applicable to the bank’s lending standards.

So when you hear the aforementioned promises or representations that there is guaranteed credit approval and all you need is a job or some type of pay stub this is quite frankly more likely than not false. Does it make sense that the bank would lend you money when you are not qualified to borrow the money. Absolutely not. Banks have lending standards. They do not lend money to anybody.

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Who Enforces Consumer Protection Laws? State attorneys general typically enforce state consumer protection laws, often through divisions established to… – The Law Office of Jonathan Rudnick LLC – Google+

Source: Who Enforces Consumer Protection Laws? State attorneys general typically enf…

Short Answer about consumer fraud and odometer fraud

What is odometer fraud?      Selling or transferring a car knowing that the odometer is wrong or has been altered

Is odometer fraud consumer fraud?      Selling or transferring a car knowing that the odometer is wrong or has been altered or JUST selling a vehicle with an incorrect odometer reading.

In certain ways odometer fraud is a very simple concept. They are both state and federal laws dealing with odometer fraud. The basic concept is that if a seller of an automobile, or a transferor of an automobile, or where that the odometers and correct or has been tampered with in any way, there is an obligation to disclose same on the odometer disclosure statement. If you disclose same on the odometer disclosure statement that the mileage is improper were not accurately reflected on the vehicle would not have any liability either under the federal or state odometer law.
The federal law on odometer fraud requires the proving of knowledge of the mileage. However, the liability under state law does not require the same level of proof. Obviously, if you prove that an individual sold the vehicle or transferred the vehicle knowing the mileage was incorrect there is a claim for fraud. The basic defense to this claim is that there was disclosure. Naturally fraud claims carry the penalty punitive damages. However, it gets dicey when you are dealing with transferring or selling used motor vehicles where the seller claims ignorance or were unaware of the odometer discrepancy.

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A New Jersey jury on Thursday awarded $2.9 million to a class of surgical technology students who alleged Star Career Academy misrepresented their career prospects in the wake of a 2012 law that imposed stricter accreditation standards on the profession.

Source: NJ Jury Renders $2.9M Verdict Against School In Fraud Case – Law360


Opposition to the defendants attempt to force arbitration

Dear Judge   xxxxx:

Please accept the following brief in lieu of a more formal brief thereof.
This litigation arises out of the plaintiff’s alleged refinance of two separate vehicles from the defendant, CAR DEALER. (See Exhibit A: Complaint, Count 1, paragraph 1). The vehicles involved were a 2010 Nissan Pathfinder and a 2010 Nissan Sentra, two separate vehicles, two separate transactions. (See Exhibit A). The plaintiff has alleged that these two separate and distinct transactions were subject to inappropriate conduct by the defendant and the plaintiff has sustained damages in each specific transaction.
The defendant relies upon the attached arbitration clause that states:

“The Parties, customer and dealer, identified below, hereinafter collectively *** agreed to settle by arbitration any claim, dispute or controversy, including all federal and state statutory or non-statutory claims that may arise out of the sale related to the finance and purchase and re lease of the vehicle identified below.” See Exhibit B, arbitration agreement At the bottom of the Arbitration Agreement, it lists the vehicle with the last five numbers in the vehicle identification number as 12984. It is apparent, that the Arbitration Agreement identified by the defendant applies to the plaintiff’s transaction for the used 2010 Nissan Sentra, vehicle identification no. 12984. Thus, as such, even if the Court were willing to assume there is a valid Arbitration Agreement and it is enforceable, the defendant should be bound by the terms of the agreement and have to arbitrate disputes related to the Nissan Sentra.

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