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Just signed papers on used car in Devon, Pa. End of day at closing time at a Mercedes-Benz dealer. 11/28/15.
Anonymous7 views2 answers
Was advertised as certified & 1 owner. Was told it was bought new at this dealer & serviced throughout its life at this dealer. We were given the car fax report after signing the papers. Looked at the report & saw it wasn't bought at this dealer. It was actually a lease vehicle in New Jersey. I have always been very leary of cars from N.J. Probably wouldn't have bought if I knew it was a lease car. The service history was less than desirable also. I want to contact dealer at opening Mon. morning @ 9:00 to talk about these issues. I've got some possible solutions that would satisfy me, but I don't know where I stand legally. Would love to keep it if they help me out a little. All of my solutions involve monetary compensation. Do I have any legal rights in this manner?
Thanks, Jim Bragg
Ginger Bayles KellyGeneral Practice LawyerCharlton, MAMA licensed ·
The car is not a lemon unless you are making repeated repairs on the car. If there is an advertisement about the car that the dealer did not live up to, perhaps you have a valid consumer complaint. Otherwise, hope your car is in good shape and gives you good service for many years to come. Either that or find a lawyer who can help you with this. A lawyer can draft a letter to the dealer for you, which may have a better impact than only your words.
Without even referencing the lemon law or other laws regarding auto sales in PA, this is actionable common law fraud of a material nature. It is also violative of the "catchall" clause of our state UDAP Statute. I believe I know this dealer as a quality operator generally and am very surprised at their behavior in this instance. Sounds to me like some renegade salesman trying desperately to make quota. Why material. Because you
indicate you would not have made the purchase had you known the truth about the car.
Why fraud? Because untrue statements were knowingly made with the intention of causing reliance and you reasonably so relied in making the purchase. They cooked their own goose by handing you the Carfax only AFTER you signed, showing clear intent to defraud. I would say you have the right to ask for compensation as the remedies for auto fraud can be quite severe (above and beyond actual damages) and can even include reasonable legal fees in a proper case!
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