How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118631
Experience:  Attorney experienced in commercial litigation.
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am a disabled veteran. I support myself, my daughter, and

Customer Question

I am a disabled veteran. I support myself, my daughter, and my 4 month old grandson on my disibility incomes. My credit is Horrible. I have electronic wheelchair from Veterans Admin. Told Koons Automative (Sep 2, during "Sales Event") that the Veterans Administration told me i needed a vehicle capable of holding/lifting 500 pounds to accommodate lift/chair of my VA-provided wheelchair.
They sold me a 2011 VW Tiguan. Because tgeir sales rep actually spoke to my car insurance representative on the phone and advised them to remove my currently owned 2004 Toyota Solera (Koons knew i had an ongoing loan from PNC bank for this vehicle in which I still owed about $7K), and add the VW Tiguan to my policy.
I discovered quite by accident (my Solera had been in the shop and I needed to get my tags) that I still Owned the Solera. I got it home and immediately had it put back on my automobile insurance (USAA).
Koons not only sold me vehicle riddled with problems (engine light came on, engine sputters, heater heats "sometimes", air conditioner produces loud clicking from engine, & vehicle has an active recall) but vehicle is Not able to handle required weight (VA contractor told me on Oct 17th).
Koons Automative used my unemployed daughter as co-signer. I asked how they could do that and was told it was all the lender required.
I called Koons on Oct 26 and spoke with Mr. Grant, General Manager. I asked if I should come to dealership to speak wit him. When I got there he would not see me, handing me off to Mr Brown (finance), who in turn handed me to a sales rep (Dean).
I told the rep what happened and my chair requirements. He had me fill out a new Application because it had been more than 30 days. Once filled out we went over automobile requirements again. He spoke to (possibly Mr. Grant) and when he returned, advised me that unless I had a "financially strong co-signer), they were unable to help
Because of their fradualant practices I now have a Repossession on my credit and also have a vehicle that' can't support my chair a b d is more than likely to cause me Significant problems in the future.
What recourse do I have, please?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What you are describing here is misrepresentation by the seller, which is grounds to void the sale, even a used car sale which is as is. If you told the seller your requirements and they misrepresented the vehicle to you as meeting those requirements, which you then relied upon to make the contract, this is a basis to seek to void the contract. If the misrepresentations were intentional, then it is also an unfair and deceptive business practice and potentially financial abuse of the disabled. So your first recourse is to send a letter to the dealer informing them they intentionally misrepresented the quality of the vehicle to you and stated that it was suitable for your intended purposes and that is a breach of the implied warranty of merchantability. Tell them if they refuse to rescind the sale and remove the repossession from your records and return your money, your next step will be to file a complaint with the VA Attorney General's office consumer protection unit and also with the VA DMV Dealer Licensing Unit for their unfair and deceptive practices and financial abuse of the disabled.

IF they refuse to deal with you and clear this matter up, then your next step is to file your complaint with the Attorney General and DMV. If they cannot resolve your situation, then your final option is that you need to obtain a local consumer protection attorney and sue for the breach of the warranty of merchantability, unfair and deceptive practices and financial abuse of the disabled and you can seek up to triple damages plus attorney's fees for their conduct.