Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Can you explain exactly how the sale process took place? You don't have to go into great detail, just the general facts and how the two states are connected to the facts.
I selected a specific car online and dealt with Auto Nation located in Florida. The documents I signed were done with a local notary they sent to me. I signed the documents and paid for the car via cashiers check. When I picked up the car the car at Avis the mileage was incorrect and there was damage as well. Had they disclosed the mileage and damage to me prior to the sale I would never have agreed to the purchase this car
If everything was done in FL it would be very, very difficult to establish interstate fraud.
Just because the car originated in GA wouldn't do it.
It is possible that the development of additional facts could make the interstate portion apply, but nothing in the facts given so far would create the required nexus.
I am in Colorado and I sent an interest in the car from here. The Florida Auto Nation office contacted me. Even with the mileage discrepancy they have encouraged me to do the title transfer. The title states that the mileage on the title is accurate which it isn't. They advertised and told me they do a Comprehensive 25 point inspection on these cars and clearly if they had they would have found all the issues. I have asked for a copy of the inspection that was done prior to the purchase of the car from both Auto Nation and Avis. I have been told they will forward that to me but so fa, nothing.
So you were contacted while you were in CO from the FL office?
And while you were in CO and they were in FL they misrepresented the mileage?
and the condition of the vehicle
Do you believe it was an intentional misrepresentation?In other words, they knew they were committing fraud?
Yes. They were trying to unload a substandard car as quickly as possible.
Under those facts then it would meet the definitions of interstate fraud.
Do you recommend I contact an attorney in Colorado to get this resolved?
Yes, there's an issue as to whether CO or FL would be the appropriate venue, but I think you have an argument for CO. Is Auto Nation a national company?
Yes, they are nationwide and a sales broker for Avis
I think you have a good argument for keeping it in CO so hire a local one.
Great, thank you, XXXXX XXXXX really helpful.
You're very welcome. Anything else I can assist with before I exit to help others?
No but thank you again
Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.
You got it!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).