Merchant sold me a supposed ”new” car. I later
discovered that it was actually a ”demo” which had
been dented on the back panel and sent to a body shop
for repair. My insurance company told me that this
lowered the value of the car and suggested I consult an
attorney. Questions: Were they required to make this
disclosue as to the body work on the car? Shouldn’t
they have marked ”demo” instead of ”new” on the
appropriate box on the bill of sale? Is this fraud to be
charged a new car price for a previously damaged
demo? What can I expect them to do to remedy this?
Disclosure Laws Merchant sold me a supposed ”new” car.
Re: Disclosure Laws
Pursuant to the Alabama Deceptive Trade Practices Act, they have to disclose the greater of $500 damages or 3% of the retail value. How do you know it was a demo and not damaged during delivery? What can you expect, or what is the right thing for them to do? You can expect them to tell you there is nothing for them to do and that you signed the contract. Also, they will probably tell you about arbitration, etc. The right thing for them to do is to refund your money. You may have a claim against the manufacturer as well.
Lewis, Feldman, & Lehane, LLC
2100 Third Avenue North, Suite 810
Birmingham, AL 35203