Legal Question in Consumer Law in California

I purchased a used car (2005 Audi A4) one year ago. I have 2 years car loan (one year left). One week ago, car batteries died and I found out that car was actually 2 years older (2003 Audi A4) than I was told and sold by a dealer shop. I have a receipt and car loan statement that clearly say 2005 Audi A4.

What should I do?


Asked on 9/23/11, 8:48 pm

2 Answers from Attorneys

Steven Simons Law Office of Steven A. Simons

There are a number of steps you can take 1) file a complaint with the Department of Motor Vehicles Fraud Investigators; 2) File a claim for unfair busienss practices; 3) demand recission of the contract.

The question is what do you want to do? Do you like the Audi? Do you want out of it?

You can call an expereinced attorney, like our office, to discuss options.

Good luck.

Steve

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Answered on 9/23/11, 9:52 pm
Thomas Mauriello Mauriello Law Firm, APC

This is obviously a major misrepresentation of fact -- failing to disclose that the car was 2 years older than it actually was. This misrepresentation may have induced you to buy the car and certainly induced you to pay the purchase price you did. By the wya, I am surprised that the true model year did not come to light in reviewing the VIN number, getting the car registered with DMV, etc.

In any event, you can sue for fraud and negligent misrerpesentation (and other claims) and seek to either a) recover money damages in the difference between the pruchase prive and the true market price at time of purchase; or b) seek to unwind or rescind the transaction completely based on fraud, and give the car back and get a refund (which amount might have to be offset by an amount reflecting your use of the car for a year). The choice of remedy depends on whether you now want the car or not.

I also agree that you have the option of asking DMV to investigate, and they might be able to get you relief.

Regards,

Tom Mauriello

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Answered on 9/24/11, 9:43 am


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