I suppose that there is something in the air around this time of year that causes some automotive dealerships to attempt to abuse their most important asset: you, the consumer. In recent times we have seen a wide range of dealership misconduct. For example, a "Certified pre-owned vehicle," which had allegedly passed a rigorous inspection for safety, reliability, and quality, was sold to our client by one local dealership. After the vehicle was purchased, it was revealed that the vehicle had been in a serious accident, was modified illegally, was completely unsafe to drive, and that the true value of the vehicle was thousands of dollars less than it was sold for. But the dealership balked at requests to have the vehicle returned.

The types of misconduct that dealerships attempt can be multiple: not disclosing that the vehicle had previously been owned by a car rental company or was salvaged, intentionally selling a "lemon" while knowing it is dangerous to put on the road, and failing to honor warranties. You will, sadly, most likely not know about potential problems until they are discovered by accident later. While you have recourse, it may be difficult to use it.

If the vehicle is subject to warranty and has had the same problem repaired four-plus times, or if the vehicle has been in a repair shop for thirty days or more for any number of problems, then it qualifies under the Lemon Law. You might only need to have two attempts to repair the vehicle if the problem is a major safety issue. If this occurs, you have the right to a new replacement vehicle or all/most of your money refunded. Not only are you entitled to a refund on your money if your vehicle falls under the categories mentioned above, but the guilty dealership may owe you compensation for committing fraud against a consumer.

As you most likely suspect, no dealership I have investigated has ever voluntarily admitted to committing fraud. Many dealerships will claim ignorance of the non-disclosure and tell you that they just made an honest mistake. Often this is true, but occasionally the dealership is trying to get away with non-disclosure. Keep in mind that the dealership has ready access to DMV records, advisors, advertising specialists, lawyers, etc. as well as the best mechanics and auto body specialists available.

It’s often hard to spot a lemon if the vehicle is new; but in a used vehicle, proper research will help you avoid dealer misconduct. Anyone who is considering buying a used car should have the car looked at by a reputable mechanic and a reliable auto shop; they can determine if the car has sustained any previous damage. If this is the case, do not buy the vehicle! You can check to see if a vehicle has a salvaged title by researching it at www.carfax.com. Don't buy a used car if you find that the title has been transferred more than twice. Make sure that you get a written warranty for any used vehicle.

Even if you do everything you can to avoid it, a dealership can still take advantage of you. If that happens, call a lawyer right away. Understand that self-help techniques are more often than not only going to be destructive and will not prove successful. It is typical of the dealership to attempt to trade another of its "certified pre-owned vehicles" for your lemon, which of course comes with new long term payment commitments on an overpriced vehicle.

Your family relies on the major investment of a vehicle to safely transport them to various destinations. You deserve to be treated fairly by a company that is honest and has integrity. A wise consumer will not allow their rights to be compromised.