San Francisco, CA asked in Consumer Law and Contracts for California

Q: Can auto dealership lie about the condition of a car and omit telling you about the required 30 day warranty

When purchasing a car at auto dealership, I asked if the car had any issues. I purchased the car with the understanding that it was a good car with no issues, it would last me a long time. Sales person mislead me to believe it was a deal and at the time signing contract he was involved with the sale of another car. Kept me there way after closing, Rushed me to sign and initial docs without proper disclosure. After reviewing contract later I saw that gap insurance was added when I denied it I told them I would add to my auto policy. I did receive all the signed papers. In all the confusion at the time I was rushed to sign documents without knowing what they were for but later got copies of signed documents that I had no idea were presented to me. The dealership, finance company and auto repair shop have violated my consumer rights. Dealership sold me a car knowing it had issues, auto repair shop failed to provide estimate and invoice, finance failed to provide credit score

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation involves several potential legal issues related to consumer protection and auto sales. Here's an overview of the key points and potential legal considerations:

1. Misrepresentation of vehicle condition:

If the dealership knowingly misrepresented the condition of the vehicle, this could be considered fraudulent misrepresentation. In California, dealers are required to disclose known material defects.

2. 30-day warranty:

California law requires dealers to provide a 30-day/1,000-mile implied warranty of merchantability for used cars sold for $4,000 or more. If this wasn't disclosed, it may violate state regulations.

3. Rushed signing process:

While not necessarily illegal, pressuring a customer to sign without adequate time to review documents is considered a questionable business practice.

4. Unauthorized addition of GAP insurance:

Adding products or services that were explicitly declined could be considered fraudulent and may violate consumer protection laws.

5. Failure to provide estimates/invoices:

Auto repair shops in California are required to provide written estimates before performing work and provide detailed invoices upon completion.

6. Credit score disclosure:

Under federal law (FCRA), if a credit score was used in setting the terms of your loan, the lender is required to disclose this to you.

To address these issues, you might consider:

1. Review all documents carefully to understand what you agreed to.

2. Contact the dealership in writing to address your concerns.

3. File a complaint with the California Department of Motor Vehicles (DMV) and the Bureau of Automotive Repair.

4. Consider consulting with a consumer protection attorney to review your case and discuss potential legal remedies.

5. File a complaint with the California Attorney General's office.

Remember that the statute of limitations for various claims can vary, so it's important to act promptly.

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