In lawsuits usually you are permitted to demand documents from any car dealership to help you prove your case. In a damaged vehicle case you need to establish, at a minimum, that the dealership knew or should have known that the car was damaged when they sold it.
Most dealerships are run the same, or substantially similar, so the following documents request should be helpful.
NOTICE TO PRODUCE FOR DEALER
1. Every document signed by the plaintiff at any time before, during or after the transaction.
2. Every document provided to the plaintiff at any time before, during or after the transaction.
3. Every document at any time that was contained in the deal jacket or other document pertaining to the plaintiff’s transaction.
4. Every document submitted by the selling dealer to any lender at any time pertaining to any financing or attempted financing pertaining to the plaintiff’s transaction including, but not limited to, the book out sheet.
5. Any document referring to dealer profit reserve or other summation of the transaction including, but not limited to, washout sheet, tissue or deal recap.
6. Any document pertaining to the salesman’s commission earned on the plaintiff’s transaction.
7. All retail orders and buyers orders.
8. Any correspondence with any party in this litigation including, but not limited to, the plaintiff or plaintiff’s counsel.
9. Copy of any and all appraisal or inspections performed on the plaintiff’s vehicle before, during or after the plaintiff’s transaction.
10. All documents pertaining to this defendant’s receipt of the subject vehicle into their dealer inventory including, but not limited to, pre-delivery inspection, manufacturer’s inspection, or invoice signed by the dealer when received from the transportation company.
11. Any advertising applicable to the plaintiff’s automobile.
12. Copies of any pleading filed by the New Jersey AG office in the past 3 years, such as complaints, motions or otherwise.
13. Copies of any Superior Court Complaint or demands for arbitration alleging violations of Consumer Fraud Act, Truth in Contract and Warranty Act, or False Advertising, in the past 24 months.
14. Copies of any documents you intend to use at trial.
15. Financial records for the transaction.