Dealer Fraud and Lemon Law in San Diego
Both dealer fraud and lemon law refer to people who have had car issues after purchasing or leasing a vehicle, whether it’s a car, truck, SUV, motorcycle or RV/motor home. If your case involves dealer negligence due to the dealer’s unlawful actions, then it would be considered a dealer fraud case. If your new purchased or leased vehicle has manufacturer defects, mechanical or electrical issues for example, then the manufacturer is to be blamed for the problems and that’s when you take the manufacturer to court by starting a lemon law case. In either case it would be recommended to contact the best lemon law lawyer in San Diego to explore your options and make things right with your defective vehicle.
How the California Lemon Law Helps the Consumer in Dealer Fraud and Lemon Law Cases
California Lemon Law is in place to protect the consumer. Depending on the case, in some instances the law orders the manufacturer to replace or refund (buy back) the vehicle. This law in California is one of the strongest in the country and therefore protects the consumer and is there to give you the best solution to your case whenever the facts make it possible. When the dealer fraud is outright evident, the law is there to protect consumers shopping for vehicles and to appropriately punish the dealers who take advantage of their customers.
About the Lemon Law
The Lemon law is in place to help protect consumers when buying a vehicle that fails to properly meet quality and performance standards. The defective vehicle would be considered a lemon if after three or and more repair attempts for the same problem continues and no solution has been found to fix the ongoing issue. Typically every new car comes with manufacturer’s warranty which gives the buyer confidence in their product. If for some reason the manufacturer violates the warranty, you may have a possible lemon law case for a replacement or buy back.
Used cars can also be protected under the California lemon law. Whenever you have problems with a vehicle, it is always important to save every receipt, make note of every repair, how much was spent, etc. This information could possibly be used as evidence to support the fact that the problem existed before the car was purchased. Every scenario is different and therefore you should contact a lemon attorney who has sufficient experience to guide you in the right direction and help you make a good case.
The lemon law commonly deals with:
- Lawsuits against the vehicle manufacturer
- New and used vehicles
- Vehicles under the original manufacturer’s warranty
- Factory defects, whether it’s mechanical, electrical or software or any other defect
About Dealer Fraud
Dealer fraud cases are regulated by federal and state laws. The law aims to protect the consumer and punish the dealer and/or dealership which takes advantage of the customer. One example of dealer fraud is when the car dealer does not disclose to the buyer that the vehicle involved in the sales transaction has been used as a rental. Another example would be not disclosing information that the car had previously been involved in one or several car accidents and has had previous damage, whether structural or mechanical.
Whenever dealer fraud is suspected, it is always important to gather as much information to present as evidence if a court case is pursued. The evidence must show that the dealer misrepresented the material facts which caused you financial loss. If you decide to pursue a a case and the the court decides in your favor, you may have the right to return the defective vehicle to the dealership and get a full refund from the dealer. Every scenario is different and therefore you should contact a lemon attorney who has sufficient experience to guide you in the right direction and help you make a good case.
Dealer fraud commonly deals with:
- Usually involves used vehicles
- A vehicle which may have no defects or problems
- Any vehicle regardless of any warranty
- Intentional fraud by the dealer
- Odometer Rollback or Mileage Rollback
- Nondisclosure of Prior Accident
- Nondisclosure of Frame Damage
- Nondisclosure of Vehicle Titled as a Lemon Buy Back
- Nondisclosure of of prior use of Taxi Cab
- Nondisclosure of of prior use of Rental Vehicle
- Misrepresentation of Services
- Misrepresentation of Warranty Terms
- Misrepresentation of Safety and Condition
- False Certification of Certified Pre-owned Used Vehicle
- Misrepresentation of Equipment
- Misappropriate of Down Payment Funds
Both of the before mentioned situations refer to the purchase of a defective car, nevertheless there’s a difference. The dealer intentionally sells a defective vehicle and the manufacturer produces a vehicle which eventually has manufacturer defects.
Important Information to Avoid Fraud
When buying a car, it is always recommended and important to get a sale/purchase agreement in writing whether you are buying from a dealer or private seller. Verbal agreements are not permissible in court and unfortunately people may conveniently lie and change their story when a verbal promise or agreement is discussed. Ask the seller to put it in a contract and if the seller has serious intent on selling the vehicle, the written contract will not be a problem. Another important tip is to do an online search for the vehicle in question. You can always check the car’s history on popular sites such as Carfax and Autocheck.
Scott Law Group P.C. May be Able to Help
At our top rated firm, we have over a decade of prior law experience defending Fortune 500 companies in these types of complex cases. Every case is unique and we fight arduously to find a solution to every case and have the courts decide in our clients’ favor. We use our extensive professional experience to find the best positive outcome possible for our valued clients. Some lemon law firms will hand over the case to another law firm if the manufacturer wants to go to trial. But Christian is aggressive and willing to litigate in order to get a favorable result for his valued clients. Whether you bought or leased a new or used motor vehicle such as a car, truck, motorcycle, SUV or RVs/motor home, let us give you our expert advise. You may have numerous frequently asked questions prior to deciding to pursue a case. Rather than have you try to figure it out for yourself, let us advise you and let’s talk it through. We’ll address any concern and answer any question you may have prior to making any decisions on pursuing a case. We provide statewide service in California.
Rather than try to take on the vehicle manufacturer yourself, call the best lemon law lawyer in San Diego and let Christian Scott, the best attorney in your area give you the professional advice you need regarding a possible case. We provide statewide service and we offer the best customer service around. Do not hesitate any longer, call now for a FREE case review. All calls are returned within 24 hours. Or if you prefer, complete the FREE Case Review Form. Remember, you have nothing to lose, it’s FREE!
Litigation Lemon Law Group
SCOTT LAW GROUP P.C. represents plaintiffs detailed in the areas served section and across California who have purchased a lemon vehicle, have been seriously injured in an accident or have been a victim of dealer fraud. Examples of dealer fraud include undisclosed repairs or accident damage, undisclosed rental use and changing the terms after the purchase has been negotiated and the car is taken home. If you received a Notice of Intent after your vehicle was repossessed or if you purchased a prior lemon vehicle, we want to hear from you. We have also provided a lemon law news section where you can reference information regarding this issue. We have over a decade of prior experience defending Fortune 500 companies in these types of cases. We know what corporate America thinks, does and hides and we use that experience to sue auto manufacturers, dealerships, businesses and individuals on behalf of our valued clients to recover damages and rightly compensate them for their losses. We provide excellent legal representation in both English and Spanish (Español). We can evaluate your case via our online Free Case Review form. We are serious. We achieve amazing results for our valued clients. This is who we are. This is what we do and we do it well.
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Great knowledgeable team and extremely helpful. They were able to handle my case with great professionalism and excellence. I was very disappointment when I began having problems with my car. After I contacted Scott Law Group, they were able to make my life so much easier after they successfully solved my situation with the car manufacturer. They were able to work around my schedule and always kept me informed. Having a lemon car is no laughing matter. It was a very stressful time in my life and Scott Law Group greatly alleviated my stress and allowed me to focus on other things such as work and just daily life in general. If you are in an unfortunate situation where you suspect that you may have a lemon car contact Scott Law Group. If I had not contacted them, I would have never been able to do this on my own. Thanks once again to Christian and his great staff.