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Archive for the ‘Wrecked Vehicles’ Category

California DMV Wants To Kick ‘Curbstoners’ To Curb

Wednesday, September 28th, 2011

More than 160 California Department of Motor Vehicles investigators joined in a statewide sting to stop a scam referred to as “Curbstoning,” an act where unlicensed car dealers purchase “low end” vehicles from dealers, salvage yards and auctions and then sell them on the street with little or no mechanical or safety reconditioning, KNSD-TV reported on September 18, 2011. Investigations Deputy Director Kathryn Door told KNSD that the “curbstoners” pose as private sellers and make their own ‘pop up’ car lots by parking multiple cars in one area. “Many times the vehicles curbstoners sell are crashes waiting to happen,” Door said.

During one day-long sweep, DMV officials said investigators issued 120 citations to curbstoners across 50 cities. In addition to misrepresentation, crooks also pocket additional money and avoid paying State Sales Tax, Federal Income Tax by leaving the car title blank or “open.” Door told KNSD, “Curbstoners not only put unsuspecting consumers at risk, they also harm business and rob taxes and fees desperately needed to fund public services.”

Curbstoning is an unlicensed form of auto dealership fraud, but the good news for consumers is that if you bought a lemon from a dealership, you do have legal recourse. California lemon law protects you if you are sold a defective vehicle, and our California lemon law lawyers have been litigating such cases for more than 20 years. If you were sold a lemon, contact our office today to receive a free evaluation of your case.

Rosner, Barry & Babbitt, LLP –California lemon law attorneys

Beware Flood Of Hurricane-Damaged Vehicles

Wednesday, September 21st, 2011

While Hurricane Irene ravaged the East Coast, the flood-damaged vehicles left in its wake could begin popping up around the country. The Star-Ledger reported on September 13, 2011, that “this year’s supply of lemons is expected to be particularly bountiful.”

Philip Reed, senior consumer advice editor for automotive research site Edmunds.com, told the Star-Ledger that “once a damaged car goes to the salvage yard, an unscrupulous dealer might refurbish and resell it, often to an unsuspecting buyer in another state.” Moving the car to a different state and having it change hands multiple times allows a dealer to erase any record of damage, a practice otherwise called “title washing.” The Star-Ledger noted that private sellers might also try selling their vehicle, without disclosing the damage to the buyer.

Edmunds.com has cautioned buyers in all states to be on the lookout for signs of water damage in vehicles. Furthermore, the Star-Ledger also reported that with such a densely-populated region affected by the flooding, Carfax estimates the number of damaged cars that make it back into the marketplace could reach the tens of thousands.

One would hope that California’s lemon laws are strong enough to prevent any flood-damaged vehicles from being sold without full disclosure. If you suspect there was car dealer fraud involved in your last automobile purchase, our firm can help you get out of a car contract and take the dealer to task. Whether your concerns have more to do with the contract or the actual vehicle, contact one of our California lemon law attorneys today to get the dealership or manufacturer pay you the money you are rightfully owed.

Rosner, Barry & Babbitt, LLP –California lemon law lawyers

Advertised as Certified, Sold As-Is: CA Lemon Law Says No

Friday, September 2nd, 2011

While multiple manufacturers and some dealerships offer “certified” used vehicle programs, too many vehicles that do not actually qualify as “certified” under the standards advertised are still being labeled as such. Occasionally, auto dealership fraud involves consumers who instead end up with vehicles that have frame damage from prior accidents.

Typically, a used vehicle that passes certain standards would be labeled “certified used” with amenities such as an extended warranty, an assurance that the automobile has passed a detailed inspection, a guarantee to the buyer that the vehicle is free from major structural damage (such as prior accidents), and is thus in good working order.

However, there have been a number of cases where customers have purchased supposedly “certified” vehicles that turned out to actually be rebuilt wrecks. Deeming a car “certified” allows dealers to mark up the asking price of a used car substantially. Consumers are encouraged to ask to see the inspection list and thoroughly investigate the vehicle’s history. Additionally, California lemon law prohibits dealers from advertising a used car as “certified” and then selling the vehicle “AS IS.”

Rosner, Barry & Babbitt, LLP — California lemon law attorneys

CA Lemon Law Says So: What’s Used Cannot Be New Again

Thursday, September 1st, 2011

California lemon law requires that a dealership describe the vehicle being purchased as either “new” or “used.” A used vehicle also includes a vehicle used by manufacturer or dealership representatives (also known as an executive car, a “demo” or demonstrator vehicle). In addition, some vehicles that were previously sold but for some reason returned (usually because the failure to obtain financing) are also used.  In these situations, the contract cannot sell the vehicle is “new.” It must say “used.”

If a seller sells a “demo” as “new” on the contract, that would constitute auto dealership fraud. If a new vehicle has been operated by either a factory or dealership representative, it should be considered used.  Similarly, if it was sold by the dealership and then returned because the dealer could not find financing, it would constitute fraud to sell the car as “new.”

Rosner, Barry & Babbitt, LLP — California lemon law lawyers