Used car sales are projected to rise in 2016, so is the possibility of deceptive auto sales and car dealership fraud. The danger of buying a used car is that it could have unfixed safety recalls that the dealership fails to disclose or a dealer failing to inform a consumer that the used car they just bought was once a taxicab. Luckily, New York protects used car buyers from dealership fraud through laws designed to punish dealerships for preying on consumers. Here are: The 2 Disclosures Dealerships Must Provide to Used Car Consumers.
- Under New York Vehicle and Traffic Law 417-a, dealers must provide buyers with a written certificate of prior use if the used car was once a:
- Rental car;
- Police car; OR
- Driver education vehicle.
- Dealerships must provide buyers with a written certificate of nonconformity from the manufacturer or dealer if the used car was previously returned to a manufacturer or dealer for nonconformity to its warranty and the defect or condition was not fixed within a reasonable time as provided by New York Law.
The dealership violates New York Law if (1) the car dealer fails to provide the written certificates to a used car buyer or (2) provides used cars buyers with a document that has false or misleading information on it.
If the dealership is found to violate NY V&T 417-a, consumers may bring an action to recover a judgment three times the actual damages suffered by the consumer or one hundred dollars, whichever is greater. Courts may also award reasonable attorneys’ fees to the consumer if the consumer’s action is successful.
Protect Yourself from Lemon Cars
The bottom line is, cars are a big life investment and fighting for your rights can be complicated. Make sure you get everything in writing and keep all of the documents from the deal. If something doesn’t make sense, have the dealership explain it. If you think you are being taken advantage of or if the car is having problems that just don’t seem right for a car you just bought, contact a lawyer because you may be able to do something about it.
For more information or to schedule a consultation, please email me at David@KasellLawFirm.com or call (718) 404-6668. I look forward to working with you!
This material may be viewed as attorney advertising and does not constitute legal advice. This information does not create an attorney-client relationship between you and the author. This article strictly represents the personal views of the author on the date it was written and such views are subject to change without notice.