Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Unfortunately, in California, the statute of limitations for fraud is 3 years. Additionally, breach in contract claims must be brought within 4 years. As a result, if you are suing based on the original purchase, then you are not able to bring the lawsuit. You would need to show that the fraud occurred more recently than your original purchase in order to bring a claim against the dealership.
Dealers who don't comply with the FTC requirement could be subject to a fine of up to $16,000, but this is a maximum and it is only what the Federal government can assess for a penalty. I'm sorry, but the law does not allow a consumer to recover damages from the dealer because of issues with the buyer's guide. It is just too long since you purchased the vehicle. Now if they tried to fix your car, said they did, and there are still issues, you could potentially claim that this is a breach of contract since they have not done what you paid for. But this does not allow you to recover for the entire value of the vehicle, just require them to fix the car as they said they would. Again, this would have to be within the past 4 years though.
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