Q: How to sue a used car dealer out of state?
I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it was. Turns out the catalytic converter was toast. When asked about why he swiped the codes. He admitted to it, but tried to place blame on me and say I should pay him for fixing the car and wiping the codes. None of which he disclosed to me until I confronted him. Nonetheless, I haven’t been able to register the car due to the check engine light. It’s now been 4 months and to fix it will cost over 3k.
A:
In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:
1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be able to assist you in resolving the matter or provide guidance on your legal options.
2. File a claim in small claims court: If the total amount of your claim is within the small claims court limit (generally $12,500 in California), you can file a lawsuit in small claims court. You would need to file the claim in the county where the dealer is located or where the transaction took place.
3. File a lawsuit in California civil court: If the amount of your claim exceeds the small claims court limit, you can file a lawsuit in California civil court. You would likely need to hire an attorney to represent you in this case.
4. Pursue legal action in Pennsylvania: Since the dealer is located in Philadelphia, you may need to consider filing a lawsuit in Pennsylvania. This would involve hiring an attorney familiar with Pennsylvania law and may be more complicated than pursuing action in California.
When building your case, gather all relevant evidence, including text messages, emails, and receipts that demonstrate the dealer's misrepresentation of the vehicle's condition. The admission of the dealer having cleared the codes prior to the sale could be used as evidence of fraudulent behavior.
It is advisable to consult with a California attorney specializing in consumer protection or automotive law to discuss your specific case and determine the best course of action based on your circumstances.
A: Sorry for your issues. In this instance, even the advice I always give when buying a car, ie, 'go see it in person' would not likely have helped, as once the CEL is turned off, it usually says off for a few hundred miles. The dealers know this and it's one more thing in their web of cheat. Give William Bensley in Philadelphia a shout, he is solid in this area of law and may be able to help. Please tell Bill I said "hello."
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