Am I covered under the Unfair and Deceptive Acts and Practices UDAP law for false representations by a car dealer?

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Am I covered under the Unfair and Deceptive Acts and Practices UDAP law for false representations by a car dealer?

I bought a used car from a dealership and only had it for 2 months; it’s already has been in the shop twice and looks like the problem still exists. When we bought it they told me there was nothing wrong with it so am I’m I cover under that law even though I bought and sign “as is”?

Asked on May 13, 2012 under General Practice, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Unfair and Deceptive Practices Act (UDAP) adopted in some form by most states in this country would apply to most businesses that engage in unfair, deceptive and fraudulent practices.

In your situation for the car dealership to possibly be subject to the UDAP, you have to prove that one of its representatives knew that there was a problem with the car that you purchased material to price paid or desirability and that you were not told of the problem you are writing about before you bought it.

Just because the vehicle now has a problem with it, you have to demonstrate that the car dealership through one of its representatives knew about it before the sale and failed to disclose this to you for the UDAP to apply.

 


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