Legal Question in Consumer Law in Alabama

Disclosure Laws

Merchant sold me a supposed ''new'' car. I later

discovered that it was actually a ''demo'' which had

been dented on the back panel and sent to a body shop

for repair. My insurance company told me that this

lowered the value of the car and suggested I consult an

attorney. Questions: Were they required to make this

disclosue as to the body work on the car? Shouldn't

they have marked ''demo'' instead of ''new'' on the

appropriate box on the bill of sale? Is this fraud to be

charged a new car price for a previously damaged

demo? What can I expect them to do to remedy this?


Asked on 4/22/02, 1:02 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Disclosure Laws

Pursuant to the Alabama Deceptive Trade Practices Act, they have to disclose the greater of $500 damages or 3% of the retail value. How do you know it was a demo and not damaged during delivery? What can you expect, or what is the right thing for them to do? You can expect them to tell you there is nothing for them to do and that you signed the contract. Also, they will probably tell you about arbitration, etc. The right thing for them to do is to refund your money. You may have a claim against the manufacturer as well.

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Answered on 4/22/02, 3:16 pm


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