Practice Areas
Types of Automobile Fraud
THE CALIFORNIA CONSUMER'S BILL OF RIGHTS
We understand the many costs involved in purchasing and maintaining a motor vehicle, whether it be a car, truck, boat, motorcycle, motor home, or all-terrain vehicle (ATV). At Law & Kolakowski, located in San Diego, California, we will thoroughly investigate your motor vehicle and its prior history to make sure you were not a victim of automobile fraud. Our attorneys help clients throughout Southern California and the counties of Los Angeles, Riverside, San Bernadino, San Diego, Orange, and Imperial recover compensation from retail auto sellers who misrepresent or fail to disclose material facts about their new or used vehicle.
1. Odometer / Rollback Fraud
You have a right to a vehicle whose odometer is accurate or disclosure in writing if it is not. There are many vehicles sold with inaccurate odometers where no disclosure is made to the buyer.
2. Prior Accidents
You have a right to disclosure of prior material damage to a vehicle. For example, you must be told if a vehicle has been in a major accident, even if the damage has been "repaired." If you ask about prior accidents, you have a right to a truthful response.
3. Prior History / Rental Vehicles
You have a right to be told if the vehicle is a prior rental vehicle. The disclosure must be posted on the vehicle itself at the time of sale.
4. Undisclosed Negative Equity / Upside-Down on Trade-In Vehicles
You have a right to receive proper disclosures in a sale contract under our truth-in-lending laws. This includes disclosure of negative equity in your trade-in vehicle, proper disclosure of deferred down payments and proper itemization of extras and add-ons that are part of the deal.
5. Buyer's Guide / Used Vehicles
You have a right to review, sign and receive a copy of a "Buyer's Guide" on all used cars. The Buyer's Guide must be affixed to the vehicle at the time of sale.
6. Payment Packing
Your have a right to truthful price and payment quotes by sales representatives. Often dealers will quote a higher monthly payment than the deal calls for and then add in high profit making extras while telling you they are "free" or at a discounted price.
7. Copies of Signed Documents and Credit Applications
You have a right to copies of all documents that you sign during a car deal including your credit application.
8. Forgery
You have a right to personally sign all documentation. Sometimes dealers will forget to have you sign a document, sign it themselves and turn it into the DMV or finance company.
9. Receipt of Spanish Translated Contracts
You have a right when you negotiate a transaction primarily in Spanish to a Spanish translation of the sale or lease contract. You also have a right to a Spanish translation of the "Buyer's Guide."
10. Deferred Down Payment and Hold Check Agreements
You have a right to have all your agreements regarding price, payments, rights, and remedies set forth in a single document (the sales contract). Hold check agreements and separate installment notes for deferred down payments violate this "single document" rule.
11. New and Used Vehicle Disclosures
You have a right to proper disclosure if the vehicle has been previously repurchased as a "lemon." This includes an accurate disclosure of the prior problems with the vehicle.
12. Demonstrators
You have a right to have a clear and conspicuous disclosure in the sales contract whether the vehicle is new or used. Examples of used vehicles are demonstrators, previously registered vehicles, and vehicles that have been sold to another buyer. On newer vehicles, your best indicator is the mileage on the odometer at the time of sale.
13. Dates on Contracts
It may sound simple, but you have the right to a contract that is dated correctly. Some dealer schemes involve calling you back to the dealership to sign a second contract because of a "problem with financing." The second contract often has less advantageous terms and is "backdated"
An experienced automobile fraud lawyer will be able to explain to you what type of motor vehicle fraud you are dealing with and the options that you can take to recover damages. At Law & Kolakowski, we have over 22 years of experience handling thousands of dealer fraud cases, so contact us today to schedule an appointment. During your free initial consultation we will review you claim and evaluate your possible courses of action. You may also fill out the free case evaluation form and send it to us. There will be no charge. All auto fraud cases are on a contingency basis, meaning you don't pay unless we win.
Facilitating client disputes in all cities of Southern California, including San Diego, Los Angeles, Riverside, San Bernardino, and El Centro, CA.
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