What are my rights against a car dealer that used unfair and deceptive practices?

UPDATED: Jun 2, 2011

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What are my rights against a car dealer that used unfair and deceptive practices?

I purchased used truck about a week ago at 8:30 pm; by 9 am next day it wouldn’t start or run. I contacted the dealer because at point of sale, we were told by both men, that the truck, “Ran like a dream”. They told me that they drove it off the lot all the time. It came with a 90 day warranty on the powertrain but it won’t start or run to get it over 40 miles back to the dealership and they won’t pay for repairs done anywhere but in their own shop. The owner threatened me on the phone that, “If I reported him to the Better Business Bureau or consumer affairs, that he would clam up and I’d get nothing”. That’s an exact quote from him. What can I do about this, if anything?

Asked on June 2, 2011 under General Practice, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, you can get an attorney or you can call the State Attorney General's Office consumer fraud division to see if they can help.  If the car is still under warranty then you have a lot of leverage that most used car owners do not.  But regardless I think that you are correct that this transaction may be covered under the unfair and deceptive practices act and you need to explore that possibility as soon as you can.  You need to bring an action to void the contract and have them come and get the car from you.  Please let someone read the paperwork involved in the sale for you so that you can be fully apprised of your rights.  Good luck.

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