Lemon Law Lawyer

Questions about suing a car dealership

November 28, 2014 | Jonathan Rudnick

People ask me many of these questions:

Can I sue car dealership for breach of contract?

Can I sue a car dealership for false advertisement?

Can I sue a car dealership for lying?

Can you sue a car dealership?

Can you sue a car dealership for selling you a lemon?

Suing a car dealership is possible?

How to sue a car dealer?

How to sue a car dealer for misrepresentation?

The answer is yes but the matter can get complicated and you need solid, experienced legal help
Legal Help for car dealer claims
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Bait and Switch Advertising and Car Sales and Auto Fraud

November 10, 2013 | Jonathan Rudnick

Bait and Switch

New Jersey does have laws that stop bait and switch practices by automobile dealers. An example would be to lure you into the dealer and then switch you from the advertised car. I have seen sales where the car that was advertised and was already sold by the time the customer went to he dealership then they switched the customer into another cat, or the advertised car was damages or never shown tot he potential customer.

Keep any advertisements and keep notes on when and where you saw the car on the internet so you can insist on the car that was advertised.. The real issue is what do you do and can you sue of they do not sell you the car that was advertised.

Lets look at this set of facts:

Car advertised on the dealer site for $20,000
Customer get to dealer and the price on the car is $50,000
Dealer refuses to sell the car.

Do you sue and if so what are the damages?

CARTON AND RUDNICK LLC
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Consumer Class Actions and Defective Cars

March 2, 2012 | Jonathan Rudnick

Consumer Class Actions and Defective Cars

There are some great websites that track class action recently filed. Please review the link.

Upon review of the site it lists a few recently filed class actions, specifically one involving Honda Hybrids There is a link to an actual copy of the over three hundred page complaint.

Self-Help Repossession Wrongful Repossession

September 10, 2011 | Jonathan Rudnick

Usually the agreement will permit the finance company or bank to take the vehicle by self-help repossession without any further definition. The Uniform Commercial Code also permits a secured party to take a piece of collateral or the vehicle by self-help repossession. Again, self-help repossession is not specifically defined; however, it must be deemed obvious in light of the relationship between the parties.

Self-help repossession is where the finance company ‘helps themselves’ to take the vehicle back. One common question is whether or not there needs to be a notice to the owner of the vehicle prior to the ‘self-help repossession.’ There is no requirement under the Uniform Commercial Code, and there is usually no requirement under the written agreement between the parties. However, if the written agreement between the parties indicates there must be a type of pre-repossession notice, they must conduct same. If there are various calls between the parties with regard to late payments, this is not deemed and cannot be deemed a requirement, but rather an attempt by the finance company to have the lessee or driver of the vehicle make payments.

REPOSSESSION LAWS IN THE STATE OF NEW JERSEY

September 1, 2011 | Jonathan Rudnick

The laws in the State of New Jersey on repossession are based on two things: there is both common law and statutory law addressing the relationship between the parties. Statutory law for repossession of the automobile or collateral is based on the Uniform Commercial Code. The Uniform Commercial Code specifically states when a vehicle or a piece of collateral may be repossessed.

The primary event to which the code references is a ‘default.’ Obviously, a default would refer to the written agreement between the parties to determine when there is in fact a default. This means that if the payments are due on the first of the month and the payments are not made, this would be ordinarily deemed a default of the agreement between the parties.
The legal significance of the default is addressed by the Uniform Commercial Code and permits the finance company or the party not in default to take appropriate action. The actions permitted to be taken by the finance company are also contained in the agreement between the parties. Usually, the agreement will make reference to self-help repossession or replevin. These terms and conditions are also addressed by the Uniform Commercial Code.

Chrysler 2008 Town & Country Alleged a Lemon

May 28, 2011 | Jonathan Rudnick

Originally, I filed a law suit against the new Chrysler Corporation with regard to a vehicle which was purchased by a current client of mine. The client experienced numerous issues with this vehicle including transmission, brakes and electrical problems. My client is alleging that there were numerous repairs on the breaks during the first 34,000 miles. Specifically, my client had to get authorization and claim number from Chrysler before any repairs would be done. We have been doing research on the internet and are attempting to discern the nature and extent of numerous prior problems by any 2008 Town & Country owners.

If you are a Town & Country owner, 2008, and have any complaints, communications with the manufacturer, communications with the selling dealer or other e-mail communications, please contact this law firm so that we might discuss obtaining this information from you.

Under New Jersey law, for a Lemon Law claim, the plaintiff is obligated to prove under certain circumstances that the use, value and safety of a vehicle have been substantially impaired. The claims in this case revolve around defective brakes, defective transmission and a defective electrical system, and the plaintiff is alleging that the use, value and safety have been substantially impaired.

Jury Trial and Jury Questions

April 3, 2011 | Jonathan Rudnick

This is a list of questions that a jury might have to answer at the end of a trial:

1. Do you find by a preponderance of the evidence that the Defendant committed any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation as I have defined in connection with the transaction involving the sale of the subject vehicle?

YES _______ NO _______ VOTE ________

Demand for Arbitration, The Car Has Prior Damage (part II)

March 5, 2011 | Jonathan Rudnick

Demand for Arbitration, the Car has Prior Damage:

Subsequent to purchasing the vehicle, the plaintiff learned that the vehicle had been in a prior accident. The prior accident was demonstrated by the pulling of a CARFAX and an AutoCheck. Specifically, on or about XXX, the vehicle was in an accident in Connecticut. This was contrary to the representations as stated by the dealership and their representatives.

When the plaintiff learned this, he did some research, had it taken to three body shops, confirmed the damage and approached the defendant, their agents, servants and/or employees with regard to an attempt to have them repurchase the vehicle. They flatly denied that the plaintiff would have the vehicle repurchased, stated that the plaintiff had signed an agreement to waive his rights to go to court.

How to Sue a Car Dealership under New Jersey Law

March 1, 2011 | Jonathan Rudnick

How to Sue a Car Dealership

The answer of how to sue a car dealership can take up an entire novel so the best I can do is break it down, piece by piece, to as to understand the complex nature of this litigation.

INSURANCE

The New Jersey Consumer Fraud Act to be Watered Down and SIGNIFICANTLY Helps Car Dealerships

January 15, 2011 | Jonathan Rudnick

The New Jersey Consumer Fraud Act is to be Watered Down, significantly.

New Jersey has one of the strongest Consumer Fraud Acts in the United States.

There is pending legislation to change the Consumer Fraud Act and make it easier to avoid civil penalties for fraud.