DAMAGED AND FRAME-DAMAGED CARS It is a common question that is asked frequently: does a seller of a motor vehicle or an automobile have the obligation to disclose that the vehicle was damaged even slightly, less than frame damage? Is there a separate obligation based on the nature and extent…
CAR DEALERSHIP SELLS CAR TO TWO BLIND PEOPLE. This is not a joke. It is true. The names will be withheld until suit is filed BUT today I saw, possibly, the worst case in the many years that I have been doing this type of work. Both of my clients…
Triple damages are mandatory. That means if there is a verdict for any ascertainable loss the amount is tripled by the court without discretion and automatically. You must prove a loss or what is commonly known as an ascertainable loss. This amount is tripled. My web site has some good…
Damaged Cars and Suing the Lender. You can collect from the lender for defective cars under the HOLDER RULE. Since the contract that the lender is holding permits the buyer to sue the lender, the lender can be sued up to the amount paid on the contract. The lender is…
What happens if the dealer sells you a damaged car? Have they violated the New Jersey Consumer Fraud Act? AFFIRMATIVE MISREPRESENTATIONS VIOLATE THE CONSUMER FRAUD ACT The law in New Jersey is no longer “buyer beware” and New Jersey has taken the more ethical approach to the sale of goods.…
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TECHNOLOGY Reasonably priced technology assures that dealers are aware of any damage to a car that they sell. An Elcometer. This device measures the thickness of the paint on the car. There are manufacturer standards for paint thickness. There are standards for consistency on a car. This device can absolutely…
The answer is simple: YES, YES, YES. AUTOMOTIVE INDUSRTY STANDARDS Dealers are required to inspect the cars before they sell them to the public. Industry standards mandate this result. They are in the best position and have the expertise to make these safety inspections. This aside, common sense mandates this…
Millions of new and used cars are sold every year in this country. It is well-known within the industry that many of the used cars are damaged, ranging form minor body damage to serious frame damage. Many dealers sell these cars and make a handsome profit. The first issue is:…