Car Dealership Complaints

CAR DEALERSHIP SELLS CAR TO TWO BLIND PEOPLE.

April 9, 2009 | Jonathan Rudnick

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 are legally blind, the primary obligor and the cosigner. They do not even have a driver’s license, nor are they permitted to drive. The dealership even got the car registered and insured. The customer was at the dealership with his cane and his glasses. When they told me the story it was hard to believe. They are both legally blind.

To make matters even worse, the car is a mess. It looks like it was in a prior accident with a different hood and various parts are melted on the interior of the car. They were told the car had only one prior owner, when in fact it had two.

The following are the causes of action (theories of liability) against the dealer and/or the lender:

• Consumer Fraud-deceptive conduct. Cox v. Sears.
• Fraud • Breach of contract • Breach of good faith and fair dealings. Wilson v. Hess
• Revocation. Cuesta v. Classic
• Negligence • Discrimination against disabled persons, the blind. Law against discrimination.
• Declaratory relief that the contract is void ab initio (from the beginning)
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Damaged Cars and Suing the Lender

June 6, 2008 | Jonathan Rudnick

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 in the position to allocate the risk for such losses and defray the risk.

Top Consumer Complaints in New Jersey

April 22, 2008 | Jonathan Rudnick

Used Cars

Computer Sales

Debt Collection

Lemon Law Trial: Jury Selection

April 18, 2008 | Jonathan Rudnick

In New Jersey Jury selection is very limited. The Judge asks the jurors about 50 questions, ranging form are you a citizen to what do your children do and what are your hobbies? There are certain questions that they have to ask and then the attorneys submit questions that they want the Judge to ask the Jury. Jury selection can last from one to three hours, depending on how long the trial will last. The Judge picks seven jurors, of which one will be an alternate. The lawyers have six challenges to remove jurors, for almost any reason.

In this case the Judge used some new questions and asked the jurors what they thought of the civil justice system and whether it did not permit appropriate claims or allowed too many claims. The jurors were very attentive and gave very specific answers and I think they wanted to serve on the Jury. It was only a 2-3 day trial.

The point to jury selection is to excuse the jurors that will not be favorable to your case, a tough thing to do with a few questions and a quick answer here and there. You are supposing built-in prejudices in people you have never met, a dangerous thing to do. Generally plaintiff’s lawyers remove people in the insurance industry and those who own businesses; removing people who hate lawsuits is the idea.

What Should You do If You Think You Have Been Ripped Off by a Car Dealer?

March 9, 2008 | Jonathan Rudnick

You have a range of choices, none of which are really attractive.

Return to the dealership and confront the management. You need to be very confident and have the ability to negotiate against skilled salesmen and do it under stress. You don’t have a chance. You know it and the dealer knows it. STAY AWAY. Not recommended.

File a complaint with the Better Business Bureau or the Consumer Affairs Office in your county. They have no ability to force the dealership to do anything. I’ts all voluntary. Just a further waste of your valuable time.