Maryland Consumer Lawyers: The Holland Law Firm, P.C.

Tips to avoid Auto Dealer Fraud

auto fraud lawyer
  1. SLOW DOWN. Speed in the automobile transaction is a very dangerous thing

  2. auto fraud lawyer JOIN A CREDIT UNION. Negotiating skills aren't needed at most credit unions. You generally receive the lowest price you qualify for on automobile loans. Find a credit union using the Credit Union National Association (CUNA) service.

  3. BUDGET BEFORE YOU SHOP. Know what you plan to spend on a car before you begin to shop. Want help developing a budget? Read "How Much Car Can I Afford?"

  4. DO YOUR HOMEWORK. Sellers can't tell you if the cars they sell are unsafe or mechanically unreliable. To check out vehicles use noncommercial sites such as the Center for Auto Safety and the National Highway Traffic Safety Administration (NHTSA).

  5. DON'T DEAL WITH DEALERSHIPS THAT REQUIRE YOU TO SIGN A BMA (BINDING MANDATORY ARBITRATION) CLAUSE. Call dealerships before you visit them. Want to know more? Read Why You Shouldn't Buy a Vehicle From Any Seller That Requires a "Mandatory Binding Arbitration Clause".

  6. DON'T BUY ON YOUR FIRST VISIT. All dealerships want to sell you the first time you're there. Why? They make more if you don't shop.

  7. NEVER LEAVE A DEPOSIT UNTIL THE SELLER HAS AGREED TO YOUR PRICE. Sellers want your deposit so you can't leave.

  8. DON'T FALL FOR "SPOT" DELIVERY. You know: take it home "on the spot," the first time you've seen the car. Spot delivery means your emotions, not your pocketbook, are ruling the transaction.

  9. STOP THE TRANSACTION IF YOU FEEL PRESSURED OR CONFUSED.

  10. REMEMBER THAT THE PRICE OF THE NEW CAR ISN'T WHERE SELLERS MAKE MONEY! Many dealers will sell you a car for "cost" but still make thousands on you.
(Taken from http://www.callbeforeyoubuy.com/bma-10tips.htm)

Relevant Maryland Law

1)Failure to give signed copy of Buyer’s Order and signed copy of financing contract
COMAR §11.12.01.15A and B

2)Dealer did not accurately describe car as “new,” “used” or “demonstrator
COMAR §§11.12.01.14A(5) and I and L

3)Dealer did not disclose that your “used” car is actually a prior daily rental car
COMAR §11.12.01.14M; see also Transp. Code §13-112(d)

4)Dealer said you were “required” to buy service contract (aka “extended warranty”)

5)Dealer said you were “required” to buy GAP insurance when law says it is “optional”
RISA, CL §§12-606(b)(8) and 12-609(b)(3) and (4); CLEC, CL §12-1005(c) and §12-1012(a).

6)Dealer did not disclose prior accident damage
COMAR §11.12.01.14J(5) and K; 74 Op. Atty. Gen. 303 (1989); CL §13-301(3);
Official Comment, ¶3 to CL §2-314; CL 2-314(2)(a); Magnuson-Moss Warranty Act, 15 U.S.C. 2310(d); COMAR §11.12.01.14K(1)( c ); COMAR §11.12.01.14K(1)(b)

7)The odometer on the car was rolled back
49 U.S.C. §32701 et seq.; 49 C.F.R. §580.1 et seq.; Transp. Code §22-415; COMAR §11.12.01.20.

8)Dealer said that I cannot cancel the deal, even though they have not delivered the car to me
COMAR §11.12.01.15C

9)Dealer used false or deceptive advertising
Transp. Code §§ 15-210; 15-312; 15-313; 15-411(c); CL § 11-701 et seq.; COMAR § 11.12.01.14A-H; CL § 13-301; CL § 14-2003

10)Damage and Penalty Provisions
CL § 13-408; RISA, CL §12-609(c) and 12-630; CLEC §§ 12-1017 and 12-1018; for Lemon Law, CL §§ 14-1502(c) and 14-1504(b); for leased vehicles, CL § 14-2007(a); for Federal Odometer Act, 49 U.S.C. §32710

11)Attorneys Fee Provisions
CL §13-408; for Lemon Law, CL§14-1502(l); for leased vehicles, CL§14-2007(b); Magnuson-Moss, 15 U.S.C. §2310