Recently, I had a client come in about Land Rover he had recently purchased online from Class Auto Company, LLC. My client testified that the responded to an advertisement for the sale of this car by defendant which represented the car as having “a clean carfax,...
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Consumer Lawyer
Emissions Victory vs. Chair of GIADA
In a recent case T. Michael Flinn represented a consumer in a claim against the dealership owned by chairman of the Georgia Independent Automobile Dealer’s Association. The consumer visited the lot and located a car and contracted to buy same. While she waited for...
Watch out for “Non Emissions Waivers”
Don’t let them fool you. This is basically just a way for the dealer to get a bad car off his hands and try to make a quick buck hoping nobody will notice. I have recently filed four lawsuits against the same car dealer, Loving Care Cars of Atlanta, Georgia for...
What Documents Should You Get When You Buy a Used Car?
A recent posting by the Georgia Governor’s Office of Consumer Protection helps provide the answer. Georgia law requires that certain documents be provided to you in completed form before you sign them. These include the Bill of Sale, The Retail Installment Sales...
Dealer Fraud and the Finance Company
Many times I get calls from consumers who know that their dealer has defrauded them my misrepresenting the car, or by selling a car without a valid passing emissions certificate, or by selling a car that has title issues and cannot be registered. These folks are...
Fraudulent Use of a Carfax Report by Dealer
I have posted previously about used car dealers’ use of Carfax to fraudulently sell a wrecked car as not having been wrecked. In this report I want to show an actual example of how this occurs. A dealer sold the consumer a car as a clean unwrecked car. The dealer...
NHTSA Issues Rule Allowing Consumers to Search Open Recalls
It’s official. NHTSA has issued the final rule. And the dealers who are fighting against legislation to stop them from selling unsafe recalled used cars to the public were wrong. Contrary to their claims, NHTSA opted not to create a single, centralized database, since...
RV Buyers Beware-This is the message from a recent Federal Court case
A recent Georgia case demonstrates just how far RV manufacturers and RV dealers will go to insulate themselves from liability for warranty claims and other RV defects. In this case the consumer bought the coach for approximately $200,000 from a Georgia dealer. At the...
Auto Fraud and Emissions Testing
Georgia Law requires that all sellers of gasoline-powered cars and light-duty trucks (8,500 pounds gross vehicle weight rating (GVWR) or less), regardless if they are a private party, dealership or auctioneer, must sell a vehicle with a current, valid passing Georgia...
Emission Testing Requirement Upheld-Dealer claimed “as is” sale
We have previously reported about Autofraud involving emissions testing. In a recent case involving the sale of a used car that did not pass emissions to a consumer that lived in a “clean air” county, the court upheld the consumer assertion that this was an unfair...