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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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What recourse do i have if i brought a SUV that had frame damage

Customer Question

what recourse do i have if i brought a SUV that had frame damage may 30 2015.. I took it back 3 weeks later they switch me out of it into other 2007 Yukon Denali, and that one had frame damage..I asked the first time before signing was it in a accident they said no. Asked the second time if this one was in and accident they said no...Car fax did not reveal anything but both time auto check did..
How i found out about the second Yukon , I was in a wreck the same day i pick the car up from the dealer ..the auto body shop who was hired by the insurance company informed me upon and inspection...
what recourse do i have against the dealership..
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.
You can sue the dealership for "fraud in the inducement" (making the contract voidable - where as the injured party you can void or enforce the contract at your option).Unfortunately, with the auto being in an accident immediately after the sale, this is more complicated as the measure of damages is going to be reduced by the accident that you were in.Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can also (should also) report this dealership to the California Attorney General's Office for fraudulent and unfair business practices here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company