What is covered on the UDAP?

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What is covered on the UDAP?

I bought a used car “as is” from a dealership. The vehicle currently has 94k miles on it and I have had the vehicle for only 4 months. The transmission went out. I feel as if the dealer knew about the bad transmission because they knew about other major problems of the vehicle and did not tell me until I took it to them to get fixed. Also, I feel like they knew because they told me when I bought the car they do detailed inspections of all vehicles before selling them. I need to know if the UDAP law will help me in any way?

Asked on November 27, 2011 under General Practice, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

UDAP, also known as "Unfair and Deceptive Acts and Practices" is both a federal statute as well as state statute in many states in this country. UDAP prohibits unfair and deceptive practices by a business with respect to the sale of products or services to a consumer.

The statute is broadly worded where any act that could be deemed deceptive, false, or morally wrong could be covered under the statute.

If you can demonstate that the dealership knew about significant problems with the vehicle that you purchased and failed to disclose to you these significant problems before you purchased the vehicle, very well there could be a UDAP violation. The issue that I see is that you have the burden of proving that the dealership knew of problems with the vehicle and failed to dislcose such to you before the purchase.

This can be a difficult thing to prove for the consumer such as you.


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