Legal Question in Consumer Law in California

fraudulent car sale

I brought a used car 3 months ago and it's resulted in 7 incidents that needed repair. I was told the car is in good condition and of the value quoted. After the deposit was left,I experienced a bait and switch as I found out some things said earlier were not true. The company is standing by their price and quoted that the blue book value claims although it was generated with the belief that the car was of good value, when after all the repairs it is of poor value. I have a remaining balance of $400, which I think should be waived to say the least. The company says I will lose the car if I don't pay the balance. Can you advise on what I can do.

thanks


Asked on 10/06/03, 5:00 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: fraudulent car sale

You appear obligated to pay the balance and they are responsible to deliver what they promised. Go to small claims court if necessary and/or if this is a auto shop/ file claim with bureau of auto repair.

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Answered on 10/07/03, 12:19 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: fraudulent car sale

You have probably purchased the car in an "as-is" condition without warranty. If that is the case, the dealership is not required to pay for any repairs you incur, nor are they required to reduce the price you paid for the car. In all likelihood, if you do not pay the remaining balance, they will repossess the car, sell it for less than you owe on it, and sue you for the deficiency.

You should consider paying the balance (so that they cannot repossess the vehicle), then sue them in small claims court for the difference in value between what they sold it to you for, and the true value of the vehicle. However, this course of action may not necessarily get you any money back.

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Answered on 10/06/03, 5:09 pm


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