Buffalo, NY asked in Consumer Law, Business Law and Civil Litigation for New York

Q: Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit

I recently purchased a used car from a used car dealership for $11,418 and the transmission went 2 weeks later and there saying that at the time of purchase there was 125,144 miles on it but I didn't receive any of the paperwork for the car until 4/18/17. Also after I made my initial down payment of $2000 on 3/28/17 they(the people at the shop) was still driving my car adding miles on it.When I came to pick up the car earlier that day o 4/1/17 it wasnt ready the owner didnt even have the title she drove the car to go get the title. I took the car off the lot on 4/1/17. There is a warranty on it but they aren't trying to pay for the expenses because they are trying to say I exceeded the 1000 warranty limit which I didn't. I didn't even receive any warranty papers,purshase agreement, or odometer statement until 4/18/17. The owner wrote all of these things up on 4/18/17 and wrote 4/1/17 on there. They're telling me I can't get my money back and that there's a no refund policy

2 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Have a lawyer review the terms of your contract and dealings to determine your rights/ duties. A corporation needs a lawyer in litigation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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