In lawsuits usually you are permitted to demand documents from any car dealership to help you prove your case. In a damaged vehicle case you need to establish, at a minimum, that the dealership knew or should have known that the car was damaged when they sold it.
Most dealerships are run the same, or substantially similar, so the following documents request should be helpful.
Good Luck
This is part of a closing argument that was recently submitted to AAA, the American Arbitration Association.
The plaintiff has proved that the defendant has committed fraud/consumer fraud. The dealer advised the plaintiff that the car was without accident both verbally and in writing. The plaintiff proved (CARFAX) and it was admitted (Defense expert testimony) that the car was in a previous accident.
Defense only disputed severity of the accident. Defense expert and the General Manager, admitted that the dealer probably knew of the prior damage. He actually testified that the dealer did know that the car was in an accident. The car was inspected by used car manager, technicians, certification process (MFGR trained techs looking for accident damage) and elcometer use on car acquisitions. (THE USED CAR MANAGER NEVER TURNED UP TO TESTIFY) Even more significant is that this was a Manufacturer authorized dealer!!
One option in lawsuits against dealers is instituting suit against the owners and/or employees. New Jersey laws held that the owners or the individual employees can be liable if they directly participated in the fraud or consumer fraud.
The New Jersey Consumer Fraud Act indicates that persons are liable, which includes fictitious persons – such as corporations – and real persons, such as individuals.
One resource is the Department of Treasury, State of New Jersey, wherein you can find out who the owners and the officers of the dealership are in order to assist your investigation.
Did a dealership do the following:
* Sell you a damaged car * Sell you a defective car * Lie to you about financing * Lie to you about a warranty * Lie to you about the history of a car * Lie to you about the mechanical condition of the car * Lie to you about the repair history * Lie to you about the price * Lie to you about the advertised price
Call The Law Office of Jonathan Rudnick for help
ANTI-CONSUMER LEGISLATION IS COMING SOON TO YOU HERE IN NEW JERSEY
The New Jersey Assembly and the Senate have introduced bills that would permanently and prohibitively make New Jersey an anti-consumer forum and roll back years of consumer protection laws which have accumulated benefits for thousands, if not millions, of New Jersey consumers.
A3333 which has been introduced into the State Assembly and parallel introduction of S2538 into the State Senate are anti-consumer and significantly reduce consumers’ rights in the State of New Jersey.
Wrongful Repossession Lawsuits
These are factual allegation in a New Jersey lawsuit. These were submitted to the court in opposition to a summary judgment motion filed by the defendant.
1. This litigation arises out of the plaintiff’s possession and subsequent repossession of the subject automobile, which is a XXX.
This was actually submitted in an arbitration against a New Jersey car dealership.
In the present case, the plaintiff has demonstrated that the defendant has committed acts of consumer fraud with a nexus to an ascertainable loss and, thus, the plaintiff should receive an award against the defendant. everse engineering and backing out numbers does not equate with fair business practices! This is coupled with an advertisement that is blatantly in violation of New Jersey law case law and the Administrative Code.
ADVERTISEMENT – CONSUMER FRAUD
Price Packing and Products
These are the products that you need to watch very carefully when you are purchasing a car:
Try and insist for a list of every product that you have PURCHASED:
Sometimes you just need to laugh. This is a commercial that some dealerships use to sell cars. Have you ever met a car salesman like this? They can sell cars!!
This is good too!!
New Jersey Lemon Law Lawyer Blog