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CalAttorney2
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Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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On 14 Sep 2013 I made a deal on a used GMC pickup with Freedom

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On 14 Sep 2013 I made a deal on a used GMC pickup with Freedom Honda because the salesman(Jason Logan) and his boss (Johnny) both told me the truck had 8 new injectors installed between 1400 and 1800 miles from the current miles on the truck, even after I pointed out that the injectors looked as if they had factory markings on them. I was told several times by both the salesman and his boss that they had paperwork showing the work had been done and due to the fact that it was later in the day on a Saturday the paperwork was in the back and they could not get it that day. I agreed on a price due to the truck supposedly have had the injectors installed and I had them put in writing they would provide proof that the work was done. I went back to the dealer on Monday the 16th of Sep. 2013 and asked for the paperwork which they said they had not got yet and was told that they would get the paperwork and call me. In the mean time I contacted a shop and found in their records that in fact some, but not all the injectors were replaced by them many miles more that the 1400-1800 as stated by the dealer.I thought that maybe there was more paperwork from another source that I could not find so I waited for the dealer to contact me. After waiting for almost two weeks I went back to the dealer on the 27th of Sep 2013 and again asked for the paperwork at which time they told me they could not get the paperwork due to the fact that the injectors were not done as they said. I feel as though I was miss led by the salesman and his boss as they both stated that they had paperwork in the back when evidently they must have never had any paperwork but they were just trying to close the deal. I would not have paid what I did for the truck unless I was reassured and it was put in writing that the injectors had been replaced. New injectors for this truck would be between $4200.00 and $5000.00 depending on if it also needed new lines at the time. I bought this truck for a purpose, based on what they told me and I feel they need to stand by what they put in writing. I have contacted them several times and offered to try and resolve this and all they want to do is back out of our contract. I have spent my time and more money on the truck I purchased from them due to the fact that I thought they would abide by their word and contract.

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to hear that you were mislead in this matter. You are correct that this was a fraudulent misrepresentation.

William B. Esq. :

Your remedies here are (1) to void the contract - force them to take back their truck, return yours, and void any sales; or (2) sue them for damages, whatever money damages you lost on the sale, plus punitive damages for their wrongdoing (fraud is an intentional tort and you can receive punitive damages for it).

William B. Esq. :

As you are having trouble dealing resolving this matter to your satisfaction (your resolution appears practical) you may need a third party to help. I would suggest the Better Business Bureau as a mediator - they offer free or low cost mediation services to consumers who have been wronged by a merchant, and they may be able to assist you in this matter. Going to trial is an option, but it is time consuming and costly (I am not trying to dissuade you, but I do want to warn you of its costs so that you can approach it with full knowledge of the risks).

Customer:

I don't want my old truck back, that is why I traded it in. They are telling me now that the salesman did not have the authority to put in writing what he did. They are also saying that because they never signed their own document that it is not valid.

William B. Esq. :

I understand - I just wanted to identify all of your rights and remedies under a contract with "fraud in the inducement"

William B. Esq. :

Your contract rights to have the truck in the condition you bargained for ("the benefit of the bargain" contract rights) plus the damages for fraud may require you to file a lawsuit and go to trial. You do have these rights and you can threaten them in a "pre-litigation demand letter".

Customer:

Gotcha thanks. So do I have to take my truck back. They told me today that I have tell the close of business to take it back. Could i just call my bank and at least reverse the charge for the additional money I paid to make up the difference. ( my truck and $2600 for their truck) Or is that just opening up a whole new problem for me?

William B. Esq. :

You do not have to take your truck back.

William B. Esq. :

The way it works is this: You may have to decide which option, or route you wish to take with regard to pursuing a remedy.

Customer:

OK thank you

William B. Esq. :

Do you wish to (1) reverse the transaction - not take out a loan on a new truck, reverse any payments you have made, take your truck back, and return the old truck (this would be the easiest and "cleanest" way to get away from these people); (2) keep the new truck, but file (or threaten to file at this point) a lawsuit against them for fraud and breach of contract) and pursue remedies we discussed above - either benefit of the bargain, cost of the transaction, punitive damages, or all of the above.

Customer:

There is no loan on the truck. I do not want the old truck back. I would like this truck but want it as they said it was, this truck has things that I need and that is why I bought the truck and based on it having injectors that where only 1800 miles at the most old so I guess 2 is my option than. Also I have time and money into this truck also due to the fact I thought I was dealing with a reputable dealer and they would do as the said.

William B. Esq. :

(remember, I do understand you do not wish to reverse the deal, and I am not advocating for any one resolution over the other. Also, you can report this kind of unfair business conduct to the Attorney General Consumer Protection division (each state has a website for complaints - here is the link for Colorado: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/file_consumer_complaint) it may not get you the full satisfaction of the contract, but it will give the dealer some penalty for their conduct).

William B. Esq. :

You may be able to get a partial satisfaction through mediation - again the BBB offers mediation services for consumers, and you may be able to negotiate through a private mediator. This conduct is clearly fraud - they told you something that was false, the issue was material to your deal, and they are now trying to cover the deal with an unfair resolution.

William B. Esq. :

I understand it may be a "half measure" (I cannot give you specific legal strategy or advice) but in general litigation it may be worth taking into account the cost, time, and inherent risk of litigation, when looking at a potential mediated result.

Customer:

OK. Thank you sir for your time. I am in the process of filing with the state attorney general and have also filed with the BBB

William B. Esq. :

I do wish you the very best of luck - I am sorry that you got tied up with such an unfortunate situation.

Customer:

Thanks

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