Legal Question in Consumer Law in New York

Car sale fraud and my rights as a consumer

I recently purchased a used car from a reputable car dealership.

Upon having the car photo inspected for insurance purposes, I

was informed by the inspector that the car had been in an

accident, that the VIN number was not on the drivers side door and

that I would be unable to trade in the car or sell it in the future. I

have had the car a week and a half and am currently having

problems with the transmission. Though they have offered to fix the

transmission under the 2 year warranty, I do not want a car that is

damaged and that I will not be able to sell or trade in.

I feel that I was deceived into purchasing the car. I was grossly

overcharged for the vehicle had it never been in an accident and it

had. I feel that the contract was not created in good faith and that I

was taken advantage of.

What do I do?

Thanks!


Asked on 6/12/03, 12:41 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Car sale fraud and my rights as a consumer

It sounds as if you may have serious claims against the dealership. Prior to accepting any money from the dealership or work done by the dealership, you should gather all of the relevant information/documents and consult an attorney.

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Answered on 6/12/03, 1:08 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Car sale fraud and my rights as a consumer

You have two issues, fraud and defect in transmission.

With regard to the defect in the transmission, I would like to refer to you the NYS Attorney General website.

http://www.oag.state.ny.us/consumer/cars/usedqa.html

The website will tell you about a warranty that a used car dealer must provide. The website will tell you when you have a claim under the lemon law and how to initiate arbitration.

The second issue is fraud. Basically, to prove fraud you must show that the dealer made an intentional material misrepresentation, that you unknowingly relied on, to your detriment.

I do not know if you can use the lemon law as a method to obtain relief from the alleged fraud. My suggestion is to contact the attorney general's office and ask the question.

Mike.

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Answered on 6/12/03, 1:27 pm


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