Monday, February 28, 2022

What are the legal issues for car dealers?

Does the first question come what does odometer mean? Odometer means the reading of the mileage of a particular vehicle. Nowadays, the buyer usually tampers or alters the odometer to change its actual reading. As a result, the customers have to face the aftermath consequences of the vehicle.

For tampering odometers, sellers can face a lot of legal issues. Hence, to avoid this issue, the Ohio odometer disclosure statement under some laws acts as a protector of customers against fraud.

Mentioned below are some of the legal points that they must consider with the following rules:

1. Used buyer’s guide – The law states that the buyers should post a filled-out Buyer’s Guide for every car they sell. They provide the original copy of it to the buyers. On the back of the Buyer’s Guide, the seller and the buyer both should have initials on it.

2. Odometer Statement – The dealer must complete the statement while selling the car. According to the Ohio odometer disclosure statement, the seller has to show the previous records of the vehicle so that the buyer himself can match the readings. If the customer explores that the provided reading is inaccurate, he can request a rescission.

To wind it up:

What does an odometer mean? To solve this, many dealers choose the path to defraud the people and choose to play with the trust of innocent customers. That is why laws and acts are being constantly made to safeguard the consumers, who are the king of markets.

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Understand the Texas Deceptive Trade Practices Consumer Protection Act

The (DTPA) Texas Deceptive Trade Practices – Consumer Protection Act, first enacted in 1973 and last modified in 1995, was enacted to "protect consumers against falsified, deceiving, and misleading business practices, unjustified acts, and warranty breaches, and to provide economic and efficient procedures for ensuring such protection.

While the modifications have remained constant since 1995, the act's application continues to evolve.

Consumer Status

Consumer status is a critical subject being prosecuted and clarified in the courts. According to the DTPA's laws, a plaintiff must qualify as a consumer if he or she "seeks or obtains, through purchase or lease, products or services," and those goods or services must constitute the foundation of the complaint.

Deception

Additionally, the communication between the plaintiff and defendant is critical to DTPA claims. To qualify as a consumer, the complainant must establish that the defendant behaved intentionally in a "false, dishonest, or deceptive" manner, resulting directly in the plaintiff's damages. Additionally, the claimant must establish that such damages justify remedy from the defendant.

Timeframe

When a petitioner files a claim under the DTPA, the plaintiff must notify the defendant in writing at least sixty days in advance. Similarly, a defendant has sixty days after obtaining notice of a DTPA suit to submit a settlement offer.

Final Words

The purpose of the DTPA is to guarantee that customers are not taken advantage of. The Texas Deceptive Trade Practices Act, on the other hand, is complicated legislation that needs professional legal assistance. If you are required to defend or prosecute a DTPA claim, it is important to obtain the guidance of a business or consumer lawyer.

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Sunday, February 27, 2022

Are you worried about Car frame damage?

Frame damage on a car affects its ability to protect you in the case of an accident. Almost every car sold in the United States has an integrated unibody structure, which means the car's frame and body are one piece. Car frame damage significantly impacts a vehicle's resale value, encouraging some less-than-trustworthy dealers to exaggerate previous collision damage. You should immediately call an auto fraud attorney if your dealership lies about automobile frame damage.

Buying a car with frame damage may save you money in the short term, but it's a long-term financial and safety hazard. If the frame damage was reported, the vehicle might still be safe to drive. However, in a collision, that car will be less safe. A vehicle's unibody frame can be repaired in some cases, but it will never be as strong as it once was with frame damage on a car. The sections bowed in the crash will be weaker today and more likely to bend again if another catastrophe occurs. This, combined with previously deployed airbags or seatbelt pre-tensioners, can make a destroyed vehicle much more deadly than it appears.

Buying a car frame damage is a bad decision, but it's one you should make for yourself rather than one made for you by a shady car seller. Before selling a used vehicle to a consumer, the dealer is required by law to disclose whether or not the vehicle has been in a past accident. If you discover the car dealer failed to reveal the accident, you should contact an experienced auto fraud lawyer right once.

You might have a claim if your dealership misinformed you about pre-existing crash damage. Contact right away for a free examination of the merits of your deceptive commercial practices claim. Allen Stewart, P.C.'s vehicle fraud lawyer, can assist you in recouping your financial losses.

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Saturday, February 26, 2022

What is the main job role of an automotive attorney?

In this fast-growing world, the automotive industry expands in a wide range. Along with that, automotive fraud cases are also coming up at the same pace. The car dealers are defrauding the customers in numerous ways. Many lemon cars are founded in the market that customers cannot deal with. Dealers mislead in a full strategic manner. Therefore, the need for an automotive attorney arises.

Automotive attorneys perform the following duties if your car is found to be a lemon:

1. Attorneys do not charge any extra or legal fees from the customers to fight the case. It is important to know that they must not ask for any fees under any circumstances.

2. With the help of an attorney, you can secure a successful lemon claim. The manufacturer must bear all the costs and expenses. Hence, you do not need to pay anything for the service.

3. The automotive attorney determines that you have a valid claim with legal procedures. The lemon law attorney will finish all the necessary paperwork. The legalized works will pursue the manufacturer to repurchase the vehicle and will give you a refund or the option of replacement.

To sum it up:

Because of the increasing numbers of automotive frauds, attorneys are always in demand. They ensure that your claim gets approved and you can get the right justice. It is very important to choose the attorney very wisely who will fight for your case dedicatedly.

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Friday, February 25, 2022

Used Car Lemon Law in Colorado

Only a few jurisdictions' lemon laws directly handle used automobile transactions. While Colorado does not have clear lemon regulations for used autos, this does not imply you are out of options.

If your car is still protected under warranty, a federal provision protecting customers against acquiring lemons applies, in addition to other consumer protection regulations.

As previously stated, Colorado has no laws governing the sale of lemons in used vehicle purchases. But although Colorado lemon laws buyback are generally meant to assist oversee the sales of new automobiles, there are a few exceptions.

If you acquired a used automobile in Colorado while it was still protected by the manufacturer's warranty or a dealership warranty, you might still be covered under federal lemon laws. This is because of a statute called the Magnuson-Moss Warranty Act, which helps cover automobiles that do not meet state lemon law requirements.

Additionally, if you acquired your car as a pre-owned vehicle, but it is less than one year old, you may still be eligible for a lemon law claim under your state's regulations.

In any event, even though your car is no longer covered by warranty, you may still be able to pursue legal action if the first repair for the fault happened while the vehicle was still covered by warranty.

A well-qualified and experienced lemon law attorney will have a huge impact on your lemon law claim. He/she will guide you in every step of your car lemon claim in Colorado.

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Thursday, February 24, 2022

Jeep Cherokee Engine Recall – Lemon Law

Due to a powertrain controller issue, approximately 86,000 model-year 2019 Jeep Cherokee SUVs with 2.4-litre engines are recalled. Improper gearbox calibration in affected vehicles with a defective powertrain controller may cause a stall, most typically while braking to a stop, increasing the risk of a crash. 

Fiat Chrysler Automobiles, which makes Jeeps, stated that if the engine stalls, it can be restarted right away and unaware of any connected incidents or injuries.

More than 80,000 Jeep Cherokee vehicles will be recalled by Fiat Chrysler Automobiles (FCA) due to unexpected engine stalling. 

On October 19, 2018, the Auburn Hills, Michigan-based manufacturer told the National Highway Traffic Safety Administration that 86,053 2019 Jeep Cherokee vehicles made between October 1, 2017, and October 15, 2018, will be recalled.

The impacted vehicles have four-cylinder engines with a range of 2.4L. The transmissions in these vehicles were not adequately calibrated to work with these engines, increasing the danger of stalling. Unexpected engine stalls raise the danger of a crash.

Fiat Chrysler Automobiles did not provide an owner notification schedule right away. Owners can get further information by calling the company at 800-853-1403 or calling the National Highway Traffic Safety Administration's vehicle-safety hotline at 888-327-4236.

Under the Highway Safety Act of 1970, vehicle manufacturers are legally required to remedy any recalled concerns or replace the defective part for free. If the dealership refuses to remedy the problem or charges you for the repair, you should immediately contact the manufacturer.

Contact Allen Stewart's team of experienced lemon law attorneys today if you own a Jeep lemon.

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Wednesday, February 23, 2022

How does the BBB auto line program work?

BBB auto line typically stands for better business bureau auto line. The consumer law group assists it. It helps customers and businesses resolve automobile warranties disputes cost-effectively that complies with laws and regulations. You can efficiently qualify for a replacement or repairing vehicles or refund. It is the best available option to remedy the problem.

The way the BBB auto line program works are highlighted below for your relevance:

1. First, you need to contact the BBB and give your name and address. Along with that, submit the VIN of your vehicle and a copy of the complaint’s registration.

2. The BBB will notify you as soon as possible. Then, the BBB will notify the dealer and starts investigating your case.

3. A representative of the manufacturer will work with you. You can also directly work with the manufacturer regarding the case to settle it down.

4. You must know you are entitled for the lemon vehicle to under your state’s lemon laws to know if the decision of the BBB’s arbitration is accepted.

5. If you are not satisfied with the decision of the BBB, you can also further proceed to prepare a lawsuit. In that case, you may be asked to provide service and repair records, photographs or any other evidence that will prove your case.

To wind it up:

In most cases, consumers feel satisfied with the fair settlement provided by BBB. However, sometimes if the claim is not fairly settled as per the consumers, you must find an experienced lemon law attorney for lemon vehicles for giving proper justice to your problem.

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Tuesday, February 22, 2022

How to Change Odometer Reading?

It was widely anticipated that when modernized odometers were deployed, odometer rollback would decrease. In fact, it has been the reverse. Indeed, tampering with a digital odometer has proven simpler than with previous mechanical ones.

Occasionally, individuals replace the instrument with an odometer obtained from a vehicle salvage yard, while others modify the vehicle's odometer. The digital odometer rollback tool can be different ways for digital odometer and analog odometer:

1 - Odometer with digital display

Individuals may customize their car's mileage to display anything they want using a gadget that connects to the computer connection. Following a fast reset, the vehicle will show the miles preset into it.

These gadgets are becoming more affordable and accessible; several are available for as little as a few hundred dollars.

Others will disassemble the vehicle's speedometer unit in order to reveal the main circuit board's circuitry. This enables them to replace the memory chip, which records all miles driven throughout the course of the car's life.

They may use this procedure to reset the vehicle's odometer to zero or to replace it with a memory chip that has fewer miles.

2 - Analog odometer

While no special equipment is required to replace analog odometers, considerable mechanical expertise is required to roll them back since the odometer must be dismantled, the panel removed, and the dials manually turned back.

Another option is to jack up the back wheels on safety supports and reverse them. It may take longer, but this method gradually reduces the miles shown on the odometer.

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Monday, February 21, 2022

What is a Car With a Lemon Title?

What Exactly Is A Lemon Car?

To be eligible for a lemon buyback title, the car in question must have a warranty-covered defect within a specific length of time or driven miles after purchase, and the manufacturer's repair attempts have failed. According to the Lemon law website, your car (new or old) may be a lemon if it has been to the shop at least three times for the same problem. This is called definition lemon

What It Means When A Car Is tagged Called A Lemon? 


The origin of the term "lemon" is unknown; suffice it to say, "lemon" refers to a defective product masquerading as a good one. The most recent model of the Ford Focus, particularly in earlier years equipped with the Powershift dual-clutch transmission, is an example of a lemon automobile. This transmission had a shuddering problem that Ford would not recognise as a serious issue for a long time. Petitions were eventually introduced to declare the Ford Focus a lemon car.

Value of a Car with a Lemon Title 

Purchasing a car with a lemon history reported effectively says you are willing to spend money on a faulty vehicle. The car would no longer be eligible for the lemon buyback title if it had been fixed. Lemon title cars are easily identifiable because the manufacturer must request that the registration and title be classified as "lemon law buyback," the title must be in the manufacturer's name, and a decal with the words "lemon law buyback" must be attached to the vehicle. If a vehicle has a lemon title, a dealer is required by law to inform the buyer.

VISIT HERE if you are seeking further assistance regarding lemon laws.

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Sunday, February 20, 2022

Can a dealer cancel a contract?

Purchasing a car is the most exciting and amazing thing you have ever experienced. Things get a little stressful when you decide to get out of a contract if your dealer is not friendly. If your car has been approved to be a ‘lemon’, you must get out of the contract. However, there are some other reasons when you might feel the need to back out of the contract. Therefore, can a dealer cancel a contract comes with the answer of yes.

Can you return a car after purchase? Here mentioned are some relevant reasons why you would want to return your car:

1. When you see your finances and discover that your payments are too high, you may feel the need of returning the car. You can also choose some other car which would be affordable for you. In this case, the dealers don’t agree to this. Hence, you must speak with him and return the car.

2. Sometimes, we change our minds and don’t feel comfortable with the purchase. You may have the hardest time returning the car. However, convince your dealer and negotiate the terms with him.

3. If you’ve received a ripped off car, you should return, though the process is not that easy. It is not impossible either.

In conclusion:

Can a dealer can a contract? Can you return a car after purchase? All these questions have one answer, and that is yes. You should be very clear about your decision and be practical with the contract as dealers are very hard to break the contract with.

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Saturday, February 19, 2022

How to Determine a Car's Actual Mileage?

A specialist can inspect each portion of the automobile to precisely evaluate its age. They may also reset your odometer if required. There are a few things you may do before taking your automobile to the mechanic. Here are some simple techniques to verify your car's genuine mileage:

1 - Check a Car's VIN

Check the VIN (vehicle identification number) immediately. This number is specific to the automobile, not the manufacturer or model. Websites that verify VINs allow you to see the vehicle's history at various times.

Enter the VIN and get a report with the entire mileage history and whether the odometer was tampered with.

2 - Verify your Records

You may check the documentation to see whether they match the car's history and the seller's claims. Always ask for the original title and avoid asking for a copy.

Examine each document for uniformity in mileage readings. You may also call past owners or inspection firms to confirm the facts.

3 - Inspect By Yourself

Many portions are self-checkable. No extra equipment is required to perform these ideas when examining the automobile.

A single look around the car tells you everything.

4 - Computer Inspections

You can check your car's mileage using diagnostic gadgets. You may use computer diagnostics to detect "approximate" data regarding distance traveled to analyze.

But don't rely only on this approach for calculating mileage.

Conclusion

Odometer rollback fraud is a popularly used automobile scam. It's not impossible to detect. These methods are just a few ways to find out your car's actual mileage.

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Friday, February 18, 2022

Here's How To Spot An Odometer Forgery

When you go out to buy a used car, what questions do you usually have in mind? While some of us go for the car's current condition, others look for how it has been used in the past. The odometer reading is the first parameter by which we can judge how the car has been used in the past. While every consumer in the used automobile market hunts for cars that haven't been used much, meter manipulation has become a very frequent practice.

What is an odometer reading?

An odometer is a gadget in a car that displays the distance traveled. The odometer read more than 10,000 kilometers. Potential buyers should not trust the odometer readings. A comprehensive service is required for older automobiles with higher odometer readings.

You should avoid odometer fraud if you are a careful buyer as the fraudsters know well how to disable odometer from reading mileage.

Service History: Obtaining the service record associated with the particular car is the simplest approach to determine an odometer fraud.

Condition of the Body: Another technique to spot an odometer forgery is to look closely at the bodyline.

Examine the Pedals: The odometer can deceive you, but the pedals can't (unless they have been changed).

Examine the carpets and mats: India's seat covers and mats are typically purchased as an aftermarket accessory.

Examine the Tires: This one is very straightforward. If the car has been used less, the owner should not have changed the tires.

If you want to know further about the fraudsters and How they disable odometers from reading mileage, CLICK HERE.

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Tuesday, February 1, 2022

Ways To Detect A Vehicle Title Fraud

The vehicle title represents a document with proof of ownership after purchasing a car. If the car owner does not have their name on the car title, they do not own them from a legal point of view, and in such cases, one might feel the need to hire a car title lawyer. A car title can be an electronic document or a physical piece of paper. Besides providing the owner's name, a car title must include several other details such as-

  • Title issue date

  • Paint colour

  • Production year and model of the car

Odometer reading along with the date when the reading was recorded

Vehicle Identification Number or VIN

There are several types of title frauds such as title jumping, title washing, VIN swapping, cloning or switching. An individual buying a car must be aware of the various ways by which a vehicle title fraud can be detected, and some of the ways are mentioned below.

Car title fraud can occur if the car owner has registered their vehicle in some other state. This is known as title washing, even if the car is registered in another state for some valid reason. One must be careful while purchasing their cars.

One needs to focus on the print quality of the documents, and they should be capable of identifying the signs of physical tampering as well. 


Another potential title fraud can take place if an individual sells a 12-year old vehicle with a title that was issued a few months ago. This is a sign of a red flag, and one should ask the sellers to explain the logic.

States issue the title documents with an authentic watermark on them, and it is a reliable method to identify title fraud.

The Bottom Line

These are some of the steps that an individual needs to keep in their mind while purchasing a car. They must consider filling out all the details properly in order to avoid the hassle from their end. If individuals feel that their car needs surveillance even after combating several issues, they can undergo a lemon car dealership.

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Ways To Protect From Odometer Fraud

According to the National Traffic Safety Administration or NHTSA, odometer fraud is defined as the “disconnection, resetting or alteration of a vehicle’s odometer with the intent to change the number of miles indicated.” Everything surrounding us has become digital; even vehicles do not use mechanical odometers now. However, even the scammers have gone digital, and an increase in odometer fraud has been observed. In order to avoid mileage inconsistency, an individual or dealership selling a car is bound to inform their buyers by providing them with a written document regarding the mileage of the car and other changes that have been made on the odometer. Keep reading to learn some ways of protecting an individual from odometer fraud.

It is important to ensure that the model year and the odometer completely make sense when compared to each other. If any red flag is detected in the observation, the seller must have a practical explanation against it. 

One should consider going through a vehicle history report containing several useful details regarding the car’s past.

While going through the vehicle history report, one should focus on the final reading of an odometer and see whether it matches the reading appearing on the dash.

The individual must look at the physical condition of a dashboard, and they must check whether there are any signs and scratches on the odometer or the dashboard.

While checking the odometer, one must observe whether the numbers are hard to read or look misaligned. These types of situations signify a red flag.

If the buyer feels that their mileage is not genuine, they must seek professional assistance to check the internal parts of their car.

The Bottom Line

If an individual detects not actual mileage title mistake, the scammers have successfully falsified the vehicle title. If the seller hesitates while showing the vehicle title to their buyers, it is a red flag, and one must stay aware in such situations.

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