Q: Just signed papers on used car in Devon, Pa. End of day at closing time at a Mercedes-Benz dealer. 11/28/15.
Was advertised as certified & 1 owner. Was told it was bought new at this dealer & serviced throughout its life at this dealer. We were given the car fax report after signing the papers. Looked at the report & saw it wasn’t bought at this dealer. …
My Answer:
Without even referencing the lemon law or other laws regarding auto sales in PA, this is actionable common law fraud of a material nature. It is also in violation of the “catchall” clause of our state UDAP Statute. I believe I know this dealer as a quality operator generally and am very surprised at their behavior in this instance. Sounds to me like some renegade salesman trying desperately to make quota. Why material? Because you
indicate you would not have made the purchase had you known the truth about the car.
Why fraud? Because untrue statements were knowingly made with the intention of causing reliance upon which you reasonably relied in making the purchase. They cooked their own goose by handing you the Carfax only AFTER you signed, showing clear intent to defraud. I would say you have the right to ask for compensation as the remedies for auto fraud can be quite severe (above and beyond actual damages) and can even include reasonable legal fees in a proper case!
Best of luck to you.
Christopher Carr, Esq. on Debt Relief 