Used Car Dealer Fraud?

[jbruhin]

I would appreciate any help you can offer.

I just bought a car from a NJ used car dealer. I was careful to check all of the standard things, including the chech engine light. It was definately not on, this was confirmed by the dealer.

After driving the car for about 30 miles, the check engin light came on. I had teh codes read and foudn that both catalytic converters need replacing,and at least one ignition coil is mis-firing.

The dealer is claiming that they did not know there was an issue, and that i signed an "as is" form when I purchased the car - I now think they had me sing this on purpose.

Three seperate mechanics (one that I trust implicitly) told me that there is no way that the converters had not already failed, and that the dealer likely reset the codes so that the engine light would not be on. Clearly, I cannot prove that.

However, I do believe the dealer knoe, or should have known, about this issue, an shoudl therefore fic the problem.

Is there any legal recourse for me? Is it legal for a dealer to misrepresent the true fact about the car? If he claims that he did not know (which I expect he will), can I claim that he should have known?

Any help will be greatly appreciated.

Many thanks,

Joe

[Eagle]

Joe:

The "as is" language doesn't mean anything if the seller was committing a fraud on you. It provides him no protection. As long as you can get a mechanic to testify that the cats were bad and the codes were reset to fool you then you can certainly sue for fraud. In NJ you can sue under the consumer fraud statute which will provide you triple damages if you win the lawsuit.

[jbruhin]

Eagle,

Many thanks for your quick reply. I am encouraged by the treble damages! Not that I want to go that route, but it might be the kind of encouragement the dealer needs. I did have three separate mechanics tell me there is no way this is a new problem.

The dealer claims that they received the car as a trade and that they had no way of knowing if the codes had been reset.

Do you know if there is a "knew or should have known" standard that applies here? It will be so much easier if I can use that, rather than having to convince the dealer that I can prove he reset the codes or knew there was a problem.

I so appreciate your guidance.

Joe

[Eagle]

Did the seller make and verbal representations to you regarding the condition of the car?

[jbruhin]

I actually set in the car with the salesman and asked explicity if there were any problems with the engine. There was one warming light that indicated there was no washer fluid. It was a picture depicting water spraying upward and I did not get it at first. He replied that "there are no problems with the engine," and pointed out that the check engine light would be on if there were any problems.

Thanks for your help,

Joe