Auto Dealer Fraud Law

When Auto Dealers Fail To Provide Necessary Documentation

Key Takeaways

  • The FTC’s Used Car Rule requires dealerships to post a Buyers Guide with mandatory disclosures about the vehicle and sale.
  • The dealership should transfer the title after the sale, but shady dealers may try to sell a vehicle without a clean title.
  • Get any offers in writing before agreeing to buy a car and review the purchase contract closely.

When you leave a dealership after buying a used car, the dealer usually gives you a stack of papers with a lot of fine print. Under state and federal law, the dealership has to provide some documentation. However, they may miss important documentation about vehicle ownership, consumer rights, and privacy rights.

If you lack the legal paperwork after buying a used vehicle, talk to the dealership. If they’re trying to pull a scam, speak to a lawyer. Contact a vehicle fraud attorney for legal advice on your car purchase.

What Information Do Dealers Have To Provide?

Dealerships need to give you certain documentation when selling a used vehicle. Under the Federal Trade Commission (FTC) Used Car Rule, used car dealers must provide you with a Buyers Guide. The Buyers Guide must be posted on the vehicle for sale, with warranty and purchasing information. Mandatory information includes:

  • Any major mechanical and electrical system problems
  • Any other major car problems to look for
  • Whether it’s as-is or under warranty
  • The extent of dealer or manufacturer’s warranty coverage
  • That you can have the vehicle inspected by an independent mechanic
  • How you can get a vehicle history report

Used car written notice restrictions don’t apply to most motorcycle or recreational vehicle (RV) purchases. If you’re buying a used RV or motorcycle, ensure you get enough information about the vehicle to avoid getting ripped off.

What Is the FTC Used Car Rule?

The FTC enforces federal trade and consumer protection laws for motor vehicles. The Used Car Rule requires dealerships to post certain information about resale vehicles before the time of sale. This gives consumers important information about the vehicle’s condition and warranty protections.

The salesperson must have certain vehicle information listed on the car or truck. This includes the make, model, year, and vehicle identification number (VIN). The dealer must also provide contact information and the dealer license for the dealership.

Some state laws have different requirements for service contract disclosure for used motor vehicle sellers. There are civil penalties of more than $50,000 per violation of the FTC’s used car rule. If you have a consumer complaint, you can report your concern to the FTC or your local attorney general.

Do Dealers Have To Provide a Vehicle Inspection Report?

A vehicle inspection report is the safety inspection of the used car dealer before selling the vehicle. Not all states require a safety inspection for car sales, but for those that do, the dealer must provide buyers with the inspection.

California has some of the strongest consumer protection lemon laws. In California, motor vehicle dealers selling certified used vehicles must perform a complete vehicle inspection and provide a copy of the inspection report.

Even if the automobile dealer provides you with an inspection or vehicle history, you should still get an independent inspection. A trusted mechanic can examine the vehicle to identify possible safety issues or necessary repairs.

Do Auto Dealers Have To Provide a Vehicle History Report?

A vehicle history report (VHR) records the vehicle’s ownership, maintenance, accident, and repair history. Third-party companies like Carfax and AutoCheck can provide a VHR to inform you about the vehicle’s history and condition. Unfortunately, the VHR may not include the vehicle’s complete history. If repairs or accidents aren’t reported, they won’t appear on the car history report.

How Do You Know if a Vehicle Title Is Good?

The vehicle title is a document that shows who owns the car. When you buy a used car, the seller generally transfers the certificate of title to you to give you proof of ownership. Your state Department of Motor Vehicles (DMV) issues a new title when the vehicle is sold. The title also includes information about the motor vehicle, including:

  • Vehicle identification number (VIN)
  • Make and model
  • Owner’s name
  • Odometer reading

Some shady used car dealers will alter the title to make the vehicle appear more valuable. Title washing is a process where a dealer can take a salvage or flood-damaged vehicle and clean the title. Title washing can involve registering the vehicle in another state to clear the damaged title history.

Can You Sue a Dealership for Failure To Provide Necessary Documentation?

Beware of a dealership that lets you drive away without signing a contract or giving you any paperwork. After you leave the lot, they may pressure you into signing a new sales contract for more than you expected. Get an offer in writing before accepting a used or new motor vehicle. Take time to review the contract and make sure you understand the total purchase price. Look for additional fees, some of which may be required. Others are optional. Purchase terms include:

  • Down payment
  • Monthly payments
  • Interest rate
  • Trade-in offer
  • Registration fees
  • Documentation fees
  • Service contracts
  • Rebates

Can a Dealer Fraud Lawyer Help When the Dealership Fails To Provide Documentation?

Contact the dealer directly if the dealership fails to provide the necessary paperwork. If they fail to respond in a reasonable period, talk to a lawyer. A dealer fraud lawyer can negotiate with the dealership to resolve your documentation problems. Your lawyer can also file a fraud claim against the dealer to help you get your money back. Contact a dealership fraud lawyer to find out about your legal options.

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