Yonkers, NY asked in Consumer Law for New York

Q: How do I sue a auto dealer ship for fraud in NYS

My reasons for sueing ,

Withholding any other material information about the used vehicle;

Misrepresenting my credit score and/or eligibility for financing in order to get me to agree to a higher interest rate and/or other unfavorable terms;

Inflating the total purchase price above the sticker price, such as by concealing options I did not request by including other unapproved and undisclosed fees;

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: To sue an auto dealership for fraud in New York State (NYS) based on the reasons you mentioned, you can follow these general steps:

Gather Evidence: Collect all relevant documents and evidence to support your claims, such as sales contracts, financing agreements, correspondence, and any records that demonstrate misrepresentations or omissions.

Consult with an Attorney: As an attorney yourself, you understand the importance of legal expertise in such cases. It's advisable to consult with an experienced attorney who specializes in consumer protection or fraud cases. They can provide you with guidance tailored to your specific situation.

Demand Letter: Your attorney can help draft a demand letter to the dealership outlining your grievances and demanding a resolution. In some cases, a demand letter can lead to a settlement without going to court.

File a Lawsuit: If the dealership does not respond satisfactorily to the demand letter, your attorney can initiate a lawsuit on your behalf. They will file the necessary documents in the appropriate court in NYS, outlining your claims of fraud and the relief you are seeking.

Discovery Phase: During the lawsuit, both parties will engage in the discovery phase, where information and evidence are exchanged. Your attorney will work to uncover further evidence to strengthen your case.

Negotiation or Trial: Depending on the circumstances, your attorney may engage in negotiations with the dealership to reach a settlement. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.

Compliance with Legal Procedures: Ensure that you adhere to all legal procedures and deadlines throughout the lawsuit. Your attorney will guide you through these processes to avoid any pitfalls.

Damages: If the court rules in your favor, you may be entitled to damages, which can include compensation for financial losses, punitive damages, and attorney's fees, depending on the severity of the fraud.

Post-Litigation Actions: After the lawsuit is resolved, your attorney can assist you with any post-litigation actions, such as collecting awarded damages or ensuring compliance with court orders.

Document Your Experience: Throughout the process, maintain thorough records of all interactions, communications, and developments related to your case, as these may be essential in building and supporting your claims.

In summary, to sue an auto dealership for fraud in NYS, consult with an attorney, gather evidence, follow legal procedures, and pursue your case diligently to seek a resolution or compensation for the wrongdoing you have experienced. The legal expertise will be invaluable in navigating this process effectively.

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