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Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1575
Experience:  Licensed Attorney
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Can I sue a car dealership after 7 years. There was a recall

Customer Question

Can I sue a car dealership after 7 years. There was a recall on my vehicle which was "fixed" but I've still had many problems with it. On top of that there was no pre inspection report and the buyers guide was never marked as is or limited warranty. The axels started making noises after one month and I took it back to the dealer which he said nothing can be done. I'm still having problems with the recalled power train after multiple times of being looked at, as well as stopping while driving. I believe I was a victem of a fraudulent sale. Can I sue. Its a local owned dealership.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Thelawman2 replied 1 year ago.

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.

Customer: replied 1 year ago.
I have all the paper work especially the buyers guide which is not filled out, and isn't there a 16,000 dollar fine for that
Expert:  Thelawman2 replied 1 year ago.

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.

Expert:  Thelawman2 replied 1 year ago.

I'm sorry, but I do not offer live phone calls. You can ask additional questions if you want.