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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9908
Experience:  Just Answer consultant at Self employed
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My husband and I bought what was supposed to be a new

Customer Question

My husband and I bought what was supposed to be a new vehicle from a dealership. As we lived out of state we had to pick up the vehicle later in the week so that the registration, etc. from the current vehicle (which was registered in New York) could be transferred. When we went to pick up the new vehicle, my husband upon closer inspection noted some specks around the mirror and asked the salesman if the vehicle was repainted and he denied this. We took the vehicle home and began to see things that should not happen with a new vehicle. I started to have conversation with the dealership who initially denied that the vehicle was ever in an accident and when advised we were informed by a professional repair person that the vehicle had been repainted, changed their story to yes the vehicle was repainted as it had been in a small accident when moving it "for the snow". As per representative, since the repairs were under $700.00 they did not have to disclose the accident under Connecticut statute. Based on estimates received the repairs would surpass $700.00. I also questioned the mileage on the vehicle which was 42 and after much denying they admitted that the vehicle was used for test drives. This I believe should have been disclosed upfront and I should have been provided with the information to make an educated decisions. As I informed them, I have purchased 3 brand new vehicles from different dealerships before, including their and the mileage never exceeded 10 miles. We went back and forth with dealership and even got the Ct attorney general's office and Toyota Corporate office involved. The dealership through the Attorney General representative offered $200.00 as compensation, ultimately. I am hoping to sue the dealership for deceptive practices and would like to know on what grounds if possible I can do so. Thanks.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Middletown Connecticut
JA: Has anything been filed or reported?
Customer: Not filed but I had tried to get the issue resolved by complaining to the State Attorney General's Office who tried to negotiate with dealership.
JA: We have our lovely Black Belt Customer Support team available to help you 24/7.
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Customer: Thanks.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. This is the gist of what happened and I would like to pursue this matter but don't know on if and on what grounds I can do so.. I have been going back and forth for the past 2 years with dealership.
Submitted: 8 months ago.
Category: Legal
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

Pursuant to the statute of limitations a written contract may be the cause of action for a lawsuit for 6 years as set forth in code 52-576. However for fraud it is only for 3 years and that would be what a deceptive business act would fall under. Basically the dealer may be sued for damages suffered by the customer. If the court finds the plaintiff cannot be compensated with money damages alone, they may rescind the contract. Unfortunately this is quite rare when the issue has gone on so long because it would be difficult to find the daily usage value of the car, which would have to be offset against any judgment. So the court would typically allow plain tiff to recover the difference in value between the item as represented and the item as received, along with legal fees in order to restore plaintiff to the position plaintiff would have been in but for defendant's act. Do you k ow what the spread in value would be?

Customer: replied 8 months ago.
The sticker that is supposed to be on all new vehicles was missing. Subsequently found out the Manufacturer suggested retail price was under $45,000.00 and we paid over $50,000.00. Don't have exact figures as I am currently not at home.
Customer: replied 8 months ago.
I am about to leave work. Will continue from home. Thanks.
Expert:  legalgems replied 8 months ago.

So small claims is appropriate for cases under $5,000. Some plaintiffs will waive any amount over the $5,000 limit so they qualify for small claims. The measure of damages would not be what was paid and what the manufacturer's price was, but rather the difference between the price paid for the item as represented, and the price paid for the item as received. Basically the idea is to give plaintiff the "benefit of the bargain" and ensure they are compensated for any payment made that exceeded the amount of the item as received (versus represented)

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No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Customer: replied 8 months ago.
How would such a small claim be worded to cover this situation?
Expert:  legalgems replied 8 months ago.

Thank you for your patience. For some reason I was not notified of your response; the site has been having technical issues. The complaint for small claims would be drafted as a breach of contract, fraud claim. One can do it themselves, or hire an attorney to assist.
Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly

-Rate Positively-

This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.

Thank you and take care!

No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 8 months ago.

Here is a sample complaint:

https://www.jud.ct.gov/webforms/forms/cv040.pdf

Expert:  legalgems replied 8 months ago.

sample demand letter

kindly rate 5 stars!

Expert:  legalgems replied 8 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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