When you walk onto a car lot, you expect, or at least hope for, honesty. You expect that the “new” car you’re being shown really is new, and that the price you see reflects exactly what you’re paying for. Unfortunately, not every dealership lives up to that expectation, and some take advantage of consumers by misrepresenting used vehicles as new. If you’ve discovered that the car you purchased wasn’t as advertised, you may now wonder whether you can sue the car dealership for passing a used car off as new. Read on and reach out to the seasoned New Mexico car dealership fraud lawyers from Feferman, Warren & Mattison to learn more. Here are some of the questions you may have:
What Counts as Misrepresentation in a Car Sale?
Misrepresentation occurs when a seller provides false or misleading information, or omitting important information, to induce a buyer into making a purchase. In the context of car sales, this could mean advertising a used car as new, or concealing accident history. A “new” car should have no prior owners, no registration history, and no significant mileage beyond what’s typical for transport. New Mexico law specifically states that a car is “used” when it has been titled to another person or when it has been delivered to another buyer who drove it at least 200 miles.
Dealers are required to disclose all material facts that would influence your decision to buy. If a car has been previously titled, damaged, or returned by another buyer, those details must be shared before the sale. Selling a vehicle as new when it is actually used or previously owned is not only unethical, but it can also violate consumer protection laws such as the New Mexico Unfair Practices Act (UPA).
Can I Sue a Dealer if They Priced a Used Car as New?
If you were misled into buying a used car sold as new, you do have options. One potential route is, with the help of an attorney, to file a claim under the UPA, which prohibits deceptive or unfair business practices. To succeed in such a claim, you’ll need to prove that the dealer knowingly made a false statement or omitted key information that affected your purchase decision.
If you win your case, you could be entitled to compensation for financial losses, such as the difference in value between the car you thought you were buying and the one you actually received. Under the UPA, a prevailing plaintiff is entitled to attorney’s fees as well. In some situations, the court may also award additional damages, especially if the dealer’s conduct was willfully deceptive.
What Should I Do if I Think a Dealer Lied About My Car?
If you believe you were sold a used car represented as new, you should gather your purchase agreement, the window sticker, financing paperwork, and any advertisements or online listings. Check the identification number (VIN) through services like Carfax or AutoCheck to confirm ownership and title history.
From there, you should hire a knowledgeable New Mexico consumer lawyer who can help you understand your rights and whether to pursue a lawsuit or negotiate a settlement with the dealership.
If you have further questions or would like to speak with an attorney about your case, simply contact Feferman, Warren & Mattison for a free consultation today.
