Resolved December 2, 2019
On May 5, 2018, Nathaniel visited a dealership in Norco, California with the intent to acquire a used vehicle. After searching through the dealer’s inventory Nath located a 2015 BMW 4 series coupe which he liked. He inquired with the salesperson regarding the vehicle’s condition, history of repairs, and whether it has any prior accidents. The salesperson reassured Nath that the vehicle was in great condition and had no blemishes in its history. Nath repeatedly asked if the car had been in an accident. The salesperson told him that the vehicle had never been in any accidents and had all pain. Based on these representations Nath agreed to and did, in fact, purchase the vehicle for an approximate price of $20,000. He placed $3,000 down and agreed to pay the rest over a period of 5 years.
Shortly after purchasing the vehicle, Nath learned that the vehicle had some paintwork. He eventually learned that the vehicle had in fact been involved in an accident before his acquisition. Upon learning of this he contacted the dealership but they gave him the runaround and refused to assist. He then contacted The Margarian Law Firm. The attorneys at our firm, pursuant to our case intake protocol reviewed all of Nath’s purchase documents and conducted an inspection of the vehicle. Upon doing so we discovered that the subject vehicle had in fact been in an accident and the body/paint exhibited proof of the same. We also learned that the vehicle’s history reflected the accident, giving us conclusive proof of the accident and that Nath had been defrauded.
We immediately made a formal legal demand that the selling dealership buys back the vehicle and refunds Nath’s down payment, monthly payments and pays off the loan balance. In addition, we demanded, pursuant to the fee-shifting statutes (which shift the cost of the consumer’s legal fees onto the dealer) that the dealer pays our legal fees and costs. In exchange, we offered to return the subject vehicle.
Despite over a year having had passed since Nath had acquired the vehicle, as a result of our diligent and forceful efforts against the selling dealership, we managed to force them to comply with our demands. The subject vehicle was returned, the $3,000 down payment and all monthly payments were refunded, our attorney’s fees were paid and the defective vehicle was returned to the dealership. As a result, Nath was able to walk away with all of his money after having driven the car for over one year.
If you were involved in a similar case, feel free to contact us for a free evaluation of your vehicle acquisition documents. If you do have a legitimate case, we will represent you at no out of pocket cost. Once/if we prevail, you will get a refund. The CA consumer protection laws are extremely in favor of consumers who have been defrauded by dealers. There is no reason why you should lose your hard-earned money. Call The Margarian Law Firm at 818.553.1000 for a free consultation.
