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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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purchased vehicle from Chevrolet dealer. advertisement of vehicle

Customer Question

purchased vehicle from Chevrolet dealer. advertisement of vehicle on internet and car fax stated it was a " G.M. CERTIFIED PREOWNED VEHICLE". The G.M. program states, inpart: has a 3 days or 150 mile return policy. after buying car called dealer about returning it he informed it wasn't a G.M. certified vehicle.
Submitted: 8 months ago.
Category: Legal
Expert:  P. Simmons replied 8 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Sorry...not sure i understand your question.

Does your contract give you the right to return in 3 days?
Customer: replied 8 months ago.


dealer ads stated it was a certified g.m. vehicle under g.m. cpo program buyer has a right to return vehicle within 3 days or 150 miles. look up G.M. CPO program

Expert:  P. Simmons replied 8 months ago.
I understand...but the key is the contract. You have you looked at the contract to see if it has the 3 day right of return?
Customer: replied 8 months ago.


DEALER MISREPRESENTATED THE VEHICLE .

Expert:  Andrea, Esq. replied 8 months ago.

Hi, my name isXXXXX see that the expert assisting you has opted out of your question; I would be glad to assist you,

 

If the dealer advertised a "Buy-back" Program and that induced you to buy the Chevrolet, then the dealer must allow you to return the vehicle within the time allotted and give you a full refund.

 

I researched "GM CPO Program", and found that GM uses the initials "CPO" for "Certified Pre-Owned" vehicles, but saw nothing referring to a buy-back program. I also researched Chevrolet Buy-Back Programs and found that they advertised a Buy-Back Program where the buyer could return the vehicle within 60 days if the buyer was not satisfied. The Buy-Back Program was good for 2012 and 2013, but it was restricted to new vehicles, not pre-owned.

 

However, you are still protected under both Federal and State law and if the car dealer advertised that a buyer who was not satisfied with his purchase could return the car within 3 days or 150 miles, then he is bound by his advertisement. Go to the dealer and tell him that you are demanding that he honor the representations he made in his advertisements. If he still refuses, then you can file a lawsuit against him and base your rights on both Federal law and State law and take the steps I have outlined below.

 

Federal Law

 

The Federal Trade Commission ("FTC") regulates deceptive and unfair practices of businesses and is the Federal agency which acts as the consumer's "watchdog" which has the power and authority to investigate and prosecute businesses which use false and misleading advertising to defraud the consumer. If the car dealer refuses to honor his advertised policy of permitting the buyer to return the car they bought and give a full refund, you should file a formal Complaint against the dealer with the FTC which can be done on their Official website,

 

www.ftc.gov

 

 

State Law

 

New York has enacted laws to protect consumers from false or misleading advertising in any medium, including ads placed in newspapers, on television, radio, or the internet. Consumers who believe that they have been misled by false statements in advertising by a New York licensed business through false or misleading advertising are granted by law the right to file a civil lawsuit to recover damages. These rights are embodied in New York General Business Law, Article 22-A "Consumer Protection from Deceptive Acts and Practices" Section 349 et seq.

 

Article 22-A §350 of Article 22-A provides in part,

 

" it is unlawful for any person to make false advertising in the conduct of any business, trade or commerce or in the furnishing of any service in New York.

 

An Attorney General can bring an action against any person, firm, corporation or agent who engages in any act violative of any of the provisions in this Article and is entitled to recover damages as set forth in Section 350-d.

 

Pursuant to Section 350-e, any person can bring an action to recover his/her actual damages from any unlawful act or practices enumerated in the provisions of this Article."

 

Section 350-e provides that

 

"...any person who has been injured by reason of any violation of this Article may bring an action to recover actual damages or $500, whichever is greater, including reasonable attorney fees. [Emphasis added] The Court in its discretion may also increase the award of damages to an amount not exceeding three times the actual damages, up to $10,000, if the Court finds that the defendant willfully and knowingly violated the provision."

 

In addition, if a consumer has been defrauded by false or misleading advertising placed on the internet by a New York licensed business, including car dealers, the consumer should contact the Office of the New York Attorney General who can file a lawsuit against the business on behalf of the State and can recover a civil penalty up to $5,000 for each violation.

 

http://www.ag.ny.gov/

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 8 months ago.


excellent service, www.denooyerchevrolet.com/cpo-owner-care.html "the benefits of owner care for your certified pre owned chevy. check that out

Customer: replied 8 months ago.

dealer showed up at my home today 100 miles [one way] from his business, asking me what would I take to close this matter. what would you ask for.

Expert:  Andrea, Esq. replied 8 months ago.

Hi, and Welcome back, I am glad I was able to help you light a fire under the dealer !

 

In your initial post, you said that you wanted to return the vehicle to the dealer. Has anything changed ?

 

If the dealer will take the vehicle back and give you a full refund, he will have honored his advertisements. According to Article 22-A §350, you are entitled to be paid damages you sustained, or $500, whichever is greater, as a result of the dealer's violation of that Article,

 

Article 22-A Section 350-e provides

 

"...any person who has been injured by reason of any violation of this Article may bring an action to recover actual damages or $500, whichever is greater, including reasonable attorney fees. [Emphasis added] The Court in its discretion may also increase the award of damages to an amount not exceeding three times the actual damages,

 

 

Therefore, according to Article 22-A §350, if you sustained damages because of the dealer's initial refusal to take the vehicle back, you can ask the dealer to compensate you for those damages, or $500, whichever is greater.

 

You did not say what damages you sustained, so it would be difficult for me to tell you what to ask for. The only suggestion I can make is that you should give yourself enough time to think about what damages you sustained and then make your demands on the dealer.

 

Please remember to leave a positive rating because that is the only way I receive credit and compensation for my time and effort in assisting you.

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to leave a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Customer: replied 8 months ago.


purchased vehicle 10/23/13, Thursday 10/24/13 after speaking to dealer I started to have chest pain. went to doctors office he shipped me to hospital. explained E.R. doctor what happen with dealer. Now have two doctor bills and


hospital bill. 100% disable vet with heart condition.

Expert:  Andrea, Esq. replied 8 months ago.

Buying a car falls under "Contract Law" and pain and suffering are not available options in contracts cases. If the dealer brought on chest pains you would have to bring a personal injury action

Expert:  WALLSTREETFIGHTER replied 8 months ago.
Hello and welcome.
My name is XXXXXXXXXXXXXXXXX X am a Licensed practicing attorney and my goal is to provide you with excellent service today.

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