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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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We bought a used 2008 mini cooper and returned it after 15

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We bought a used 2008 mini cooper and returned it after 15 days. It was returned to the dealer 3 times within those 15 days. The third time that it was returned was on a tow truck by AAA. The engine is unrepairable because there was no coolant, oil, or windshield fluid in it. We were told that the car had been serviced before buying it. The dealer never gave us a copy of the signed paperwork or inspection sheet that we requested four times in 15 days. They refuse to give us back our $3700 dollars and told us that if we came to the car lot that they would call the police on us. What do we do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I am sorry to hear of this. The dealer's representation that the car was serviced - was this in writing, or was this representation made orally?

LegalGems :

It appears you are offline so I will provide you with some information in the meantime.

LegalGems :

If the dealer represented that the car was serviced and the consumer relied on this, then consumer can sue the dealer for misrepresentation. This occurs when a sales person makes misrepresentations, knowing the customer will rely on them, and then the customer does in fact rely on them, resulting in damage to the customer. During the 3 visits the dealer should have pointed out that the car was low on oil, as presumably that would have been noticed if the dealer exercised the requisite due diligence.

LegalGems :

The problem with oral misrepresentations (assuming it was oral) is that they are difficult to prove.

LegalGems :

Hopefully, witnesses were present that would help prove this; or perhaps confirming emails.

LegalGems :

The Florida statute that prohibits Unfair and Deceptive Business Practices Act can be found here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0501/SEC204.HTM&Title=-%3E2005-%3ECh0501-%3ESection%20204#0501.204 This act prohibits any unfair or unconscionable act that would deceive a customer - such as fraud, misrepresentation, etc.

LegalGems :

A sample complaint letter can be found here. http://www.consumer.ftc.gov/articles/0296-sample-consumer-complaint-letter

Customer: I can't view your entire answer. Please resend.
LegalGems :

I will switch this to Q&A as that will usually solve the problem.

LegalGems :

It will say our chat has ended, but please note- you can type any follow up questions using the Reply box and I will respond as soon as I see it.

LegalGems :

Thanks!

Expert:  LegalGems replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.
The finance company is now claiming that the car was sold as is. Nowhere that we see that on any paperwork nor the car fax that was shown to us! Since the manager supposedly was on vacation for two weeks, no one at the dealer could give us any paperwork. I am just afraid that he has altered the originals. I appreciate you assistance and will follow your advice. Rating is excellent. P.s. let's sue the bastards! Lol
Expert:  LegalGems replied 1 year ago.

If they sell a car As Is, that needs to be disclosed. Please see the attached re: the Buyer's Guide- it is illegal for them to fail to give the customer a copy of this, and this either needs to state the warranty or clearly mark it "as is". Here is information on the buyer's guide: http://www.ftc.gov/bcp/guides/usedcar-comply.shtm -Here is a sample of what it should look like: http://www.ftc.gov/bcp/edu/resources/forms/buyers.pdf If they failed to provide you a copy of this, you can file a complaint with the ftc. http://ftccomplaintassistant.gov/
(As an aside, it is interesting that the finance company is claiming to know the terms of the sale- generally they aren't aware of whether the sale is as is or warrantied).
It is very unfortunate how many inquiries we get with regards XXXXX XXXXX car sales; I hope you are able to work something out with the dealer, otherwise, you would need to file suit in court for the damages caused as a result of the misrepresentation.

LegalGems, Lawyer
Satisfied Customers: 3518
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Expert:  LegalGems replied 1 year ago.
I wanted to be sure and thank you for using JA/Pearl.

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