New Jersey Lemon Law Lawyer Blog
Consumer Fraud Demand Letter
Many times, either before or even after litigation has started, there is a need to send a demand letter to either the other lawyer or the dealership. This is an example of a letter to a dealership that was written to try to resolve a case.
Dear Mr. XXXXXX:
The following is the plaintiff’s demand.
New Jersey Consumer Law and Breach of Warranty
Whats is a warranty and how is one breached?
A warranty can be created in many different ways, which is specifically set forth by the Uniform Commercial Code. A statement as to the nature or the quality of the goods, a photo of the goods or a sample of the goods can create a warranty. A written warranty is also a simple way to create a warranty. The Code is very clear in that the creation of warranties is to be liberally construed in the favor of the consumer. There is an entire section that deals with conflicting warranties also and that is also to be liberally construed.
How to Sue a Car Dealership and Discovery in These Cases
I have become faculty at lawline.com and have provided two separate courses in car dealership litigation with in-depth assistance in suing car dealerships.
How to sue a dealer
Toyota Lawsuits Merge – Breach of Warranty
A Federal Judge has set a hearing date on this issue. According to the internet news listing there is a hearing to make all the arrangements so this litigation can go forward.
Claims are for:
Express Warranty
EXPRESS WARRANTY–DEFINITION
An express warranty is a representation, statement, promise or description made in writing, orally or by any other means, by a manufacturer or seller that its product has certain characteristics or will meet certain standards.
A manufacturer or seller can create an express warranty without intending to make a warranty, or without using words such as “warranty” or “guarantee.”
Jury Questions – Consumer Fraud and Breach of Warranty Trial
1. Do you find by a preponderance of the evidence that Defendant, xxxxx America, 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 ________
Please go to # 2
Demand for AAA arbitration
This is an example of a demand for AAA Arbitration
DEMAND FOR ARBITRATION
Plaintiff, XXXXXX, in March 2007, entered into a contract with XXXXXXX to acquire a 2002 Nissan Altima. The odometer disclosure does not disclose the amount of the miles. However, the buyer’s order indicates mileage at approximately 53,000 miles. There was an arbitration clause in the buyer’s order but not in the retail installment sales contract. There was no limitation on class actions in the arbitration agreement and the buyer’s order. There was an appearance package which is left blank $595 for a destination charge. There was also $8.30 for online registration in addition to an itemized dock fee of $142 for administration and $56.50 for a computer fee. Subsequent to the transaction, Ms. XXXXX realized there was a problem with the odometer and had the warranty history pulled from another Altima dealership, which indicates the mileage was in excess of 92,000 miles. She went to the dealership demanded they take care of it and they refused to do anything and said there was nothing wrong with it.
More Consumer Fraud Questions
1. Please list the individual answering these interrogatories and all the investigations you have undertaken, all the documents you have reviewed and individuals you have spoken to prior to answering these interrogatories.
2. Please list each and every individual with whom the plaintiff spoke to or dealt with in the process of acquiring the subject automobile. Please list the specific person, their first and last name, the specific date of the conversation, the nature of the conversation and all witnesses to this conversation.
3. Please list the specific individuals who were responsible for, participated in or in any ways they perform were present during the installation of the ‘ResistAll Enviroguard’ product. Please specify the specific time, date and place in which this was placed on the plaintiff’s vehicle. Please set forth the process by which this product was applied to the plaintiff’s vehicle. Please set forth the individuals who applied this product to the plaintiff’s vehicle. Please attach any and all documentation supporting the fact that this product was applied to the plaintiff’s vehicle.