Auto dealer fraud attorney, Buy an As Is auto? That doesn’t mean your stuck with a bad car. 15 Ways to beat “As Is”
Auto fraud, car dealer fraud, prior wreck damage, odometer mileage fraud, no title, will not pass emissions, ‘as is’ no warranty. Fraud can include lemon law, RV sales, new car or used cars or trucks, or not honoring a warranty. Are you a victim of auto dealer fraud? Been lied to by a car dealer? Don’t put up with it. You don’t have to fight the fight alone. We fight car dealer fraud.
We fight auto dealer and car sales fraud in the metro Atlanta area. Call us. 404.288.4444
Auto dealer fraud attorney, Buy an As Is auto that has prior wreck damage. Auto dealer fraud can stick you with a bad car and a bad deal. Car dealer fraud in Georgia happens everyday. When consumers buy an As Is auto, auto dealers will often lie about prior wrecks, emission testing, title. Call us. 404.288.4444. We fight car dealer fraud in the metro Atlanta area, including the Conyers Covington Clayton Cobb DeKalb Gwinnett Henry Madison Walton area. When you buy an As Is auto you should get what you believe you are buying.
Richard Lee is an old school attorney who started practicing consumer law in 1979. Lee Legal will help you fight against prior wreck damage, no title, no emissions testing. Lee Legal fights car fraud, let us help you. If you’ve been a victim of auto fraud and need an auto dealer fraud attorney – call Lee Legal today. 404.288.4444
There are four main types of auto dealer fraud in Georgia. Selling prior wrecked or damaged vehicles without disclosure, or selling lemon cars. Odometer fraud. Sales finance fraud. Title fraud. Its all auto dealer fraud. To a dealer its just another lie and buy. To a buyer its a serious problem, their problem. And the buyer is looking for someone to help make things right, that’s where we come in. We go after dealers who commit auto dealer fraud.
Selling a vehicle with prior collision, prior damage, salvage or flood damage is a problem in Georgia. A lot of wrecked or flood vehicles come from out of state and pass from one dealer to another. This is auto dealer fraud. Buying a wrecked or flood damaged vehicle means you paid too much. The buyer will never be able to recover the overpaid price. An insurance company will decrease the insurance payment when they pull a vehicle history. No one should have to put up with being tricked into buying a vehicle with prior collision, prior damage, salvage or flood damage. Georgia law allows for the return of the vehicle by rescission of the contract or revocation of the deal. Check the title history. Title branding on a vehicle title discloses if the Georgia Department of Motor Vehicle, or another state, has “branded” the vehicle as a salvage, flood title, leased car or a lemon car. As well as show who the current owner of the vehicle is, some vehicles are sold by car dealers when the car dealer does not even have the title. Hiding the title from a Georgia consumer because of the title brand is auto dealer fraud, and most likely a violation of the federal odometer law.
Odometer fraud. $1 billion a year.
Odometer fraud is auto dealer fraud. It is a federal felony, yet odometer fraud remains a popular scam that generates huge profits for auto dealers. American consumers buy over 450,000 cars and trucks each year and are cheated and scammed for over $1 billion due to odometer fraud. It is illegal to disconnect, reset, or alter a vehicle’s odometer reading. Proving odometer fraud can be more difficult than you might imagine. Odometer law states that not only must a buyer prove the mileage is incorrect and that it was not disclosed, the buyer must also prove the seller had the intent to defraud the buyer and knew, or should have known from experience or circumstances, that the mileage was incorrect. Also to be considered is the number of model years of the vehicle. A car or truck 10 model years or more is exempt from the required written Federal odometer disclosure, but the seller can waive the exemption, even if not on purpose, by going too far in advising, or lying to, the buyer about the mileage on the vehicle. Such as telling a buyer an incorrect mileage amount (and hoping the buyer cannot prove it was said), writing down the false mileage in a sale document, or not disclosing to a buyer that the dealer actually knows the odometer reading was altered. When a buyer brings a suit under the federal odometer disclosure law damages can be $10,000 or triple the buyer’s actual damages (whichever is higher), plus the buyer’s attorney fees. Georgia odometer law is similar to the federal odometer law and can add another $1,500 to the buyer’s odometer claim. But despite these stiff damages car dealers over and over continue to commit odometer fraud. Odometer fraud can be discovered a variety of ways. A Carfax or Autocheck report should note an odometer “discrepancy” when mileage figures do not increase from one reported event to the next (such as repairs, emission inspections, or title transfers). Or you can get a report from the NMVTIS.
The NMVTIS report is put out by the government and is cheaper than a Carfax or Autocheckreport. You are not limited to just pulling data from Georgia, this system will pull all states and follow the title transfers. The NMVTIS report will not have all the info that a Carfax or Autocheck will, but it will have all of the odometer reports from each title transfer.
Yo-yo means you drive off, then the dealer wants a new deal or the car back.
Spot Delivery, de-horse and the yo-yo. Its all auto dealer fraud. Auto dealers will often try to change the deal after you drive off the car lot in the vehicle. They want you to come back in and bring the car. Thus the name yo-yo, it comes back. ‘Spot delivery’ means to sell a vehicle on the spot and to ‘de-horse’ you. De-horse means to take your vehicle on a trade in (take away your horse). Then the auto dealer tries the yo-yo on you and if you refuse to enter into a new deal (a better deal for the auto dealer), they will refuse to give you your down payment or your trade-in back. No matter what its called, auto dealer fraud. Dealers will often havd a buyer sign a bailment form. A bailment form states you agree to return the car if the dealer cannot sell the contract for what the dealer wants. The bailment may be correct, or it may not. Even if the bailment agreement is correct the dealer cannot keep your down payment or trade in.
When you buy a car you and the car dealer will execute several documents. These include the retail installment contract, Truth in Lending disclosures, title application, the buyer’s order and an odometer/mileage disclosure. Once these purchase documents have been executed you drive off in your newly purchased car or truck. Everything should be fine. But then comes the yo-yo. Don’t put up with this type of auto dealer fraud.. If you feel you have been cheated then call us. Don’t fight the fight alone.
The Georgia Office of Consumer Protection says the following about spot delivery on its website:
It is unfair and deceptive for a dealership that conditions a vehicle purchase or lease on the approval of consumer credit to represent to the purchaser or lessee that they have been approved by the prospective lender to a consumer credit transaction if such approval is not final.
If the sale or lease of a vehicle is conditioned on final approval of financing by a lender or lessor, the dealer must retain title and possession of any vehicle traded by a consumer as part of the transaction until financing is actually approved. The dealer is required to retain a copy of the original credit application for 25 months.
If financing cannot be secured, and the consumer chooses not to execute another finance agreement for the purchase of the vehicle, then the dealer shall immediately return to the consumer any traded vehicle and/or down payment previously tendered by the consumer as part of the transaction. The consumer is responsible for returning the delivered vehicle in accordance with the bailment agreement or any other contract executed between the dealership and the consumer.
If financing is not secured, but the consumer wishes to execute a subsequent agreement in order to obtain financing from a different finance company, then the dealer must ensure that the TILA terms are accurate according to the date of the subsequent contract, not as of the date of any prior contract.
For example, dealers should refrain from backdating subsequent finance agreements to the date of a prior agreement so that the interest begins to run on the date of the first agreement. This practice is a violation of TILA and will be treated as an unfair and deceptive practice.
To see the Georgia Office of Consumer Protection web posting on Yo-Yo/Spot Delivery click here and go to page 24. Yo-Yo/Spot Delivery.
When consumers buy an As Is autoAuto dealer fraud, selling wrecked or damaged vehicles without disclosure, odometer fraud and wrongful repossession are illegal. Lee Legal practices in these areas of the law and we serve Atlanta, Athens, Conyers, Covington, Dacula, Decatur, Druid Hills, Grayson, Jonesboro, Lawrenceville, Lithonia, Loganville, Monroe, McDonough, Morrow, Oxford, Porterdale, Redan, Social Circle, Snellville, Stockbridge, Stone Mountain, Watkinsville, Winder areas. Clarke, Clayton, DeKalb, Gwinnett, Henry, Newton, Rockdale, Walton county and south and east Metro Atlanta area. Serving Athens to Jonesboro since 1979.[/vc_column_text]