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At Louis Liberty & Associates our goal is to obtain justice for
every client. We want to make sure that our clients’ rights are
protected in any given situation. Since there are many forms of
auto fraud, an average consumer can easily be defrauded. We
do extensive research and provide resources in order to
accommodate each client’s needs.
Auto Dealer Fraud
Did you know Auto Dealer Fraud is ranked as the number one
consumer complaint throughout the nation? Dishonest car dealers
are deceitfully swindling average consumers of thousands of
dollars. You may be a victim and not know it. For an average
consumer it is often difficult to determine whether or not they
have been victimized. Since there are so many forms of Dealer
Fraud, an average person can easily be defrauded. Auto Dealer
Fraud categories include: misrepresentation of title, false
advertisement, misrepresentation of vehicle history, financing
fraud, packing payments, negative/trade-in equity, contract
confusion, and selling prior rental, wrecked, or marked vehicles
without disclosure or as new vehicles.
Contract Confusions
Contract fraud is perhaps the most discrete form of auto fraud.
Since an average consumer is unaware of the many deceptive
tactics that dealers use, they could be bound into paying
hundreds of dollars. An average consumer is manipulated through
various tricks, including rewriting/backdating contracts;
signing more than "one" document in an attempt to
charge a higher down payment, higher APR (Annual Percentage Rate),
etc.; forging customers' signatures; failing to provide translations of
the completed lease or purchase contract in the applicable
language; packing the contract with add-ons such as a service contract,
warranty options, and accessories including alarms, GAP
insurance, paint/fabric protection, window etching or low jack,
items the customers don’t need. Rewritten
Contracts/Backdating: This occurs when a customer does not
qualify for financing under initial contract terms.
Therefore, the customer may have to consent to increase in down
payment, higher APR, etc. in order to qualify for a loan. The
dealership deceitfully has the customer sign a second contract
with different terms and backdates the second contract with the
date of the initial contract, thereby, charging interest for a
time period in which the contract is not yet in effect. Not only
is the act of backdating illegal, it is also a violation of the
Automobile Sales Finance Act (ASFA), which requires that all
parties sign one document.
Financing Fraud
Consumers are routinely billed hundreds and sometimes
thousands of dollars by fraudulent car dealers. These
schemes are designed to extort the highest possible profit from
each sale. Dealers use many tactics, including negative
equity/trade-ins which a transaction where the consumer is falsely
led to believe that the dealership is valuing the trade-in
vehicle at the same amount as what is owed. However, in reality
the actual cash value of the vehicle in trade-in is less than the amount owed. This difference is added
to the cash price of the new vehicle and as a result consumers
ends up paying more in taxes and registration. The consumer is
also duped when they are told they do not qualify for a loan under
the original contract terms and therefore must pay a higher down
payment or APR. Often customers end up paying for add-ons
(such as alarms, service contracts, GAP insurance, paint/fabric
protection, window etching, lo-jack, etc.) that they don't
necessarily need.
Used Car Fraud
Used Car Fraud occurs when the seller fails to disclose prior
vehicle history (such as prior accidents, or
rentals, etc); misrepresents title (often by selling a
"salvage" title); or odometer fraud, where an odometer is
illegally rolled back, replaced, or started over.
Negotiating in a Foreign
language
California law provides that if a customer
negotiates a lease/purchase of a vehicle primarily in Spanish,
Chinese, Korean, Tagalog or Vietnamese, the dealer must give
consumer a translation of the final contract in the applicable
language before the contract is signed.
Odometer Fraud
Odometer fraud is the most prevalent form of auto fraud,
resulting in costs of thousands of dollars. Odometer fraud
occurs when illegal changes are made to the mileage shown on a
used vehicle's title and odometer. Examples of odometer fraud
include roll back, replacement, or having an odometer rolled
through all digits and started over.
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