Top San Jose, CA Auto Dealer Fraud Lawyers Near You

What Is Auto Dealer Fraud?

Auto dealer fraud is using misrepresentation or deceptive business practices involved in buying or selling motor vehicles. Auto dealer fraud commonly involves misrepresenting a vehicle to sell it to an unsuspecting buyer. Dealerships have more vehicle knowledge than most consumers and can be held responsible for misleading you into buying defective vehicles. Types of auto dealer fraud include:

• Failure to disclose accident history
• Bait and switch (advertising a vehicle that is no longer available)
• Rolling back the odometer
• False warranty claims
• Undervaluing trade-ins

What Are Common Types of Auto Dealer Fraud?

Auto dealer fraud can present itself in a number of ways. One common method is the “bait-and-switch,” where an advertisement shows one thing but the dealer switches it out or claims the model shown is no longer in stock, then tries to sell you a more expensive model or the same vehicle at a higher price. Another example is an auto dealer inflating the prices of vehicles then claiming it is a great price or on sale. Other times, the auto dealer may “forget” to disclose important information like defects or other dangerous conditions in order to make the sale, such as flood damage or a car deemed as salvaged. Auto dealers may “roll back” the odometer to hide the actual mileage on a vehicle. Or they may claim a vehicle is “new,” when in fact, it was previously purchased and returned back to the dealership. Undervaluing trade-in vehicles is another type of auto dealer fraud.

What Are Some Examples of Situations Where I Might Need an Auto Dealer Fraud Lawyer?

When you buy a new or used car, you expect the car to perform as advertised. Unfortunately, shady car dealers may sell you a lemon and try to avoid any responsibility after you drive it off the lot. If you think the dealer sold you a lemon and they are not offering to fix it or refund your money, contact a lawyer. You should consider talking to a lawyer if you experience any of the following after buying a new or used car:

• Repeated warranty issues
• You have made multiple repair attempts without success
• The seller doesn’t want to share information about the vehicle’s history
• Brake, steering, or suspension problems

Is Lemon Law Different From Auto Dealer Fraud?

Lemon law differs from auto dealer fraud in that its focus is on the actual defects or issues with the vehicle itself instead of the sales practices. This area of law is meant to protect car buyers from defective vehicles or mechanical problems. Each state has its own lemon laws and protocol for handling lemon law claims. In most states if you are sold a “lemon,” the auto dealer has to fix the problems but you may be entitled to receive a refund for more serious mechanical problems. If no resolution can be reached or the auto dealer is not following the lemon laws in your state, you may wish to file a lawsuit to recover for the damages you have suffered.

How Can an Auto Dealer Fraud Lawyer Help Me?

An auto dealer fraud lawyer is familiar with the kinds of tricks and tactics dealerships use to defraud buyers. They also know lemon laws and your rights as a consumer. A lemon lawyer can put you in the strongest position for the dealership to pay for the repairs to give you a working vehicle. If repairs will not work, then the lawyer can fight to get your money back so you can buy from a better dealership. They will know what evidence is necessary to build the strongest possible case.

Who Do You Report Auto Dealer Fraud To?

You may contact the dealership directly if you feel comfortable doing so, or you may have your attorney contact them. Either way, getting your complaint in writing is important to clearly document the issue, show the damages you have incurred, and be prepared to move forward with a lawsuit if the dealership is uncooperative. From there, state laws may require you to contact a specific state agency or the Attorney General to file a complaint, as auto dealer fraud is a consumer rights’ issue. Some states have a specific agency, department, or division that strictly handles complaints regarding auto dealers and fraudulent practices. If you still are unable to remedy the issue on your own or with the help of an agency, contacting an attorney is the next best step.

What Could Happen if I Don’t Hire an Auto Dealer Fraud Lawyer?

If you don’t hire an auto dealer fraud lawyer, you will be left with whatever the dealership offers. Many car buyers end up trusting the dealership to do the right thing. Unfortunately, weeks or months later, you may still be left with a car that doesn’t work. Living with a lemon for a vehicle can leave you facing:

• Thousands in vehicle repairs
• No transportation while the vehicle is in the shop
• Driving an unsafe vehicle on the road
• Loss of your trade-in
• Higher costs of a replacement vehicle

What Questions Should I Ask When Trying To Find an Auto Dealer Fraud Lawyer in San Jose?

Asking a lawyer questions can help you decide if you feel confident that they have the qualifications and experience to manage your criminal case. Many lawyers offer an initial consultation so you can understand your options and get specific legal advice before hiring them. The top questions to ask include:

• What is your experience with auto dealer fraud cases in California?
• What is your approach to handling car dealer fraud cases?
• Is alternative dispute resolution, such as meditation or arbitration, available?
• Have you dealt with fraud cases involving my type of defective vehicle claims?
• What potential outcomes should I expect from my dealership fraud case?
• How will you keep me informed about updates in my auto dealer fraud case?

Tips for Hiring an Auto Dealer Fraud Lawyer

Take the time to find a lawyer who is right for you and will represent your best interests. Find a consumer fraud lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts