What happens if a car is declared a lemon. Many consumers do not realize the vehicle can be resold. Claims may be fraud
- Failure to comply with the Disclosure Statute
417-a. Mandatory disclosures by sellers prior to resale. (New York State Consolidated Laws : Vehicle & Traffic)
Some dealers violate the disclosure law which says the following
“Certificate of prior nonconformity by manufacturer or dealer. Upon the sale or transfer of title by a manufacturer, its agent or any dealer of any second-hand motor vehicle, previously returned to a manufacturer or dealer for nonconformity to its warranty or after final determination, the manufacturer or dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:
“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BYNEW YORK LAW.” Such notice that a vehicle was returned to the manufacturer or dealer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle`s certificate of title.
Private Remedy. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable attorneys` fees to a prevailing plaintiff buyer.”
A popular fraud in New York is to prepare the required disclosure, but not give the consumer a copy or even forge his name.
See our presentation under the lemon law.
2. Breach of warranty
The disclosure suggests the problem has been corrected but sometimes vehicle problems persist. Then a claim may be filed.
3. New York Deceptive Practices Statute
Finally a claim can be filed for violation of the New York Deceptive Practices Statute.
Free Consultation on Your New York or New Jersey Undisclosed Lemon and Fraud Claim, Call (973) 598-1980