Legal Question in Civil Litigation in California
Bad Automotive Dealership
I purchased a used vehicle from an automall here in central California. A few days later, the car starts having engine problems. I take it to the dealer and they can not find anything wrong, even though the car cuts out while driving. Now, almost three months latter the engine light comes on and the car dies while driving. I call the dealership, they tell me to call a certain towing company and have it brought in. I do so. When the tow truck arrives with my vehicle to the dealership, they turn the vehicle away. The vehicle is now 30 miles away at a tow yard. The tow company stated to me that when they went to drop the car off, the dealership stated they had no knowledge of the car. Now, I am going to be out money and time just to go pick up the car. Do I have the right to seek damages from the dealership for the cost, when they are the ones who told me to call the tow company, gave me the number, and acted like they would take care of it? The dealership has done nothing but lie to me, I have made three trips there to get the car fixed, and every time they say nothing is wrong since I bought the car, do I have the right to return it?
1 Answer from Attorneys
Re: Bad Automotive Dealership
1. Immediately call the DMV fraud investigatores and tell them the entire story.
2. You did not mention any paperwork or warranty with the car. Every consumer product carries with it a warranty of fitness for use.
3. You will have to get the car from the tow yard as you are being charged storage and will lose the car to a lien sale if you do not act quickly.
4. I have represented used car dealers--it appears that you got a raw deal--your best bet is to be a noisy "wheel" at the DMV
Good Lock
PS You can sue for rescission and restitution if the purchase price is under $5,000 in small claims court. Go to the DMV first!
If this is a new and used car dealer, get ahold of the manufacturers customer relations and start a noisy campaign
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