Paul Mankin, Author at The Law Office of Paul Mankin

California Auto Fraud: Undisclosed Accident History in Used Cars

“This Car’s Never Been in an Accident…”

Imagine being told that your new used car is in “perfect condition”—no accidents, no damage, just a reliable ride. You feel relief, excitement, even pride. But weeks later, during a routine oil change, your mechanic raises an eyebrow: “Did you know this car’s frame was repaired? It looks like it was in a crash.”

The pit in your stomach grows. You call the dealer. They dismiss you. Suddenly, you realize: you were sold a lie. What was supposed to be a trustworthy vehicle is now a dangerous, devalued money pit. And worse, you have no idea what to do next.

And it’s not just you. A consumer in California shared how excited they were to buy a luxury sedan from a local dealership. The salesman promised it had never been in a fender bender. But when they went in for routine service, the technician found that both the hood and front bumper had been replaced with aftermarket parts. A new Carfax, updated after the sale, showed a front-end collision serious enough to deploy the airbags.

Stories of Deception

These aren’t rare stories. In fact, they’re alarmingly common in California. One Reddit user shared how a dealership in San Diego gave them a clean Carfax for a sedan. The salesperson said, Immaculate condition. No accidents. Three months later, paint began bubbling on the passenger door. They noticed the hood didn’t sit flush, and a tire shop flagged frame damage. A follow-up Carfax revealed a collision just weeks before purchase that was reported late (Reddit.com, 2015).

On Avvo, a buyer recounted how a dealer in California assured them of the car’s clean history, showing them a report free of any accidents. But when the car went in for warranty service, the dealership technician mentioned prior repairs to the suspension that were consistent with a significant crash (Avvo.com, 2013). The customer thought they bought peace of mind. Instead, they got a lie on wheels.

One woman recounted on another car forum that her used SUV, purchased from a certified pre-owned dealer, had previously been used as a rental vehicle. Despite the salesperson stating clearly that it had never been in an accident, a different dealership later flagged multiple structural repairs (Community.Cartalk.com, 2017).

Quora discussions are full of similar frustrations. Users ask, How can a car with obvious damage be sold as ‘accident-free’ (Quora.com, 2025). The sad truth is: some dealers count on you not checking twice. And with delayed or incomplete data in vehicle history reports, they often get away with it.

Why Dealers Misrepresent Accident Histories

Dealers know that appearance is everything in the used car market. A car with a clean accident history sells faster and commands a significantly higher price than one with any kind of damage, even cosmetic. This creates a strong incentive to hide the truth or lean on technically true statements like “The report was clean when we sold it.”

Some rely entirely on third-party reports like Carfax or AutoCheck. If an accident isn’t reported to insurance, police, or the DMV, it might never make it onto these reports. Others may know the car’s history but choose to stay quiet, omitting any disclosures while verbally assuring buyers of the car’s condition. In some cases, cars from out of state with “salvage” or “rebuilt” histories are re-titled in California without a trace of their past, a tactic known as title washing.

While not every case involves outright lying, the omission of known facts or reliance on outdated reports can still amount to misrepresentation under California law.

How Buyers Find Out the Truth

The truth often comes out in frustrating, sometimes frightening ways. A mechanic doing a basic tire rotation might notice uneven wear patterns indicating frame misalignment. A body shop could spot non-OEM parts, spray lines, or welds inconsistent with factory work.

Some buyers don’t find out until they try to trade in or sell the car. An appraiser might discover prior damage and offer thousands less than expected. Others pull a fresh Carfax months later and find that an accident was reported after their purchase date—a sign that the damage had occurred but wasn’t yet in the system when they bought the vehicle.

These late discoveries leave consumers angry, disillusioned, and stuck with cars they never would have bought had they known the truth.

Why This Is Dangerous: Safety and Value

It’s not just about being lied to. Vehicles that have sustained serious damage may never be fully safe again, even if they’ve been “repaired.” Structural damage can compromise how a vehicle responds in a collision. Crumple zones may no longer function properly. Airbags might not deploy due to faulty sensors.

And then there’s the financial hit. Once you find out your car has a damaged history, its resale value drops drastically. No dealer wants it on trade-in. Private buyers won’t touch it unless it’s heavily discounted. That means you’re stuck either driving a car you no longer trust or absorbing thousands in losses to get rid of it.

Document’s You’ll Need to Prove Misrepresentation

Documentation is key in these cases. Start by collecting:

The Carfax, AutoCheck, or other history report provided by the dealer at the time of sale
The purchase agreement, bill of sale, and any warranty forms
Disclosure documents, especially those referencing “as-is” conditions or “no prior damage”
Online listings or advertisements, including screenshots, that mentioned accident-free status
Emails, texts, or voicemails where the condition was discussed
Photos of visible damage, uneven paint, or aftermarket parts
A written inspection or estimate from a mechanic or body shop

You don’t necessarily need all these documents, but these pieces help tell the full story: what you were told, what you believed, and what the dealer should have disclosed but didn’t.

How California Law Protects You

California law offers robust protections for car buyers who have been misled by dealerships about a vehicle’s condition. These laws not only cover direct lies but also omissions and half-truths. Let’s break down the most powerful legal tools available:

1. California Vehicle Code §11713(i): This section explicitly prohibits licensed car dealers from making any untrue or misleading statements related to the sale of a vehicle. That means even if the dealer uses a clean Carfax to suggest the car has never been in an accident—when they knew or should have known otherwise—they may be breaking the law. Misrepresentation doesn’t have to be a bold-faced lie. It includes failing to correct a false impression.

2. California Vehicle Code §11713.1(e): This statute requires that dealers disclose any known damage that materially affects the safety or value of the vehicle. If a dealer knows a car had frame damage, major collision repairs, or airbag replacement, they must disclose it to you. If they don’t, it’s a direct violation of this section, regardless of what the Carfax says.

3. Consumer Legal Remedies Act (Civil Code §1770): The CLRA outlaws deceptive practices in the sale of goods, including automobiles. Misrepresenting the accident history of a car, whether through omission or false statements, gives the buyer the right to rescind the contract, get damages, and recover legal fees. Importantly, this law allows consumers to sue even when the seller didn’t “intend” to deceive—it’s the impact on the buyer that counts.

4. Business and Professions Code §17200 (Unfair Competition Law): This law allows individuals to sue for fraudulent, unfair, or unlawful business practices. It’s often used alongside the CLRA in auto fraud cases. The court can issue injunctions, order restitution, and impose civil penalties on dishonest dealers.

5. Common Law Fraud: California courts recognize fraud as a cause of action when the dealer intentionally misrepresents or conceals facts. This includes telling a buyer “the car’s never been in an accident” when they know otherwise or have reason to suspect it. Successful fraud claims can result in punitive damages on top of your losses, especially if the dealer’s conduct was outrageous or malicious.

If you bring a legal action and succeed, you may be entitled to:

Full contract rescission – Return the car and get your money back.
Restitution – Compensation for the loss in value or necessary repairs.
Attorney’s fees – California law allows prevailing consumers to recover legal costs.
Punitive damages – In cases of intentional deception.

These laws are designed to ensure consumers are not taken advantage of in one of the most expensive purchases they’ll ever make. But to use these protections, you need solid documentation and a lawyer experienced in California auto fraud cases.

Case Examples: From Clean Title to Total Loss

A consumer purchased a late-model SUV from a dealership that insisted the vehicle had never been in an accident. The dealer showed them a printed Carfax and even highlighted the “No Accidents Reported” line.

Two months later, the family took the car in for routine maintenance, where the mechanic pointed out fresh weld marks on the undercarriage and non-OEM suspension parts. Concerned, they ran another Carfax, which now reflected a front-end collision that occurred just six weeks before their purchase. The vehicle had been totaled in another state, rebuilt, and re-titled in California.

Worse, the airbags installed after the crash were counterfeit. The mechanic confirmed they would not deploy properly in an emergency. This wasn’t just fraud—it was a safety hazard.

This case is a textbook example of how serious these violations can be—and how effective California law is when enforced.

What You Can Do Next

If you suspect your car’s accident history was misrepresented:

Don’t panic—but act quickly. Start documenting everything. Take detailed photos of damage or unusual repairs. Save text messages, emails, and copies of vehicle history reports.
Schedule an independent inspection. A reputable body shop or mechanic can provide a detailed report outlining any prior structural damage, frame repairs, or non-OEM parts.
Get a second Carfax or AutoCheck report. These services update frequently, so what wasn’t on the report the day you bought the vehicle may appear weeks or months later. These changes can make a huge difference in your legal case.
Avoid confronting the dealership directly. It’s tempting to march into the dealer’s office demanding answers, but it’s often better to speak to a consumer protection attorney first. Anything you say or agree to might be used against you later.\
Consult an attorney experienced in California auto fraud. Don’t wait. There are time limits to take legal action. Depending on your situation, you may have up to three or four years, but the sooner you act, the stronger your position.

Keeping record of any future expenses, such as repair costs, diminished trade-in offers, or rental fees. These can often be included in a damage claim.

We Handle These Cases Where Dealers Misrepresent the Vehicle’s Accident History

At our firm, these aren’t just cases—they’re personal missions. Every week, we talk to Californians who were misled, mistreated, or outright lied to about the condition of their vehicles. Some paid cash. Others are still making monthly payments on cars that should never have been on the lot.

One client told us that they felt like a fool because they trusted them. That trust is exactly what dishonest dealers exploit—and what we work tirelessly to restore.

We’ve helped clients across California—recover their money, cancel fraudulent deals, and hold dishonest businesses accountable. Our team uses in-depth knowledge of state consumer laws and years of litigation experience to pursue justice, whether through negotiation or the courtroom.

If this has happened to you, you’re not alone. We’re here to help. You have legal rights, and we know how to enforce them. Let us help you take the first step toward turning this frustrating experience into a fair resolution.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific case, consult a qualified California attorney.

UncategorizedMay 20, 20250 comments

by Paul Mankin

Overcharged Vehicle License Fees in California: What Dealers Don’t Want You to Know

Why did my registration cost so much?

You just bought a car. You’re thrilled—until you look at your contract. Something doesn’t add up. Why did your vehicle license fee seem so high? You do the math and realize you’ve been charged hundreds more than you should have. The excitement of your new purchase starts to fade, replaced by a sinking feeling of being taken advantage of.

This scenario plays out every day across California. Auto dealers add small, hidden overcharges in places most people never think to look—like the Vehicle License Fee. Sometimes it’s only $20, other times it’s $500 or more. While the amounts may vary, the practice is deliberate. Dealers know most buyers won’t notice—or won’t bother to challenge it.

But the truth is clear: this isn’t a harmless mistake. It’s an intentional, illegal way to boost profits.

Customers Ripped Off by ‘Fees’

California consumer bought a certified pre-owned SUV with confidence, thinking the dealership’s reputation meant he was in good hands. During the financing process, he was told, These are standard DMV fees. Everyone pays them. But months later, while researching his annual registration, the client decided to cross-check his original Vehicle License Fee with the DMV calculator. What they found shocked them: they had been overcharged $438.

Another consumer purchased a car for $25,000 and was charged nearly $700 in VLF. But when they later calculated it, they discovered the fee should have been around $162.50. When asking the dealership, they said that’s just what the DMV charges. They made it sound official, like there was nothing the client could do.

Overcharges like these don’t just hurt your wallet—they leave you feeling manipulated and helpless. And with each untold story, dealerships pocket more unearned profits.

What Is the Vehicle License Fee and How It’s Supposed to Work

The Vehicle License Fee (VLF) in California is a state-mandated fee used to fund public services. It’s simple to calculate: it’s 0.65% of the vehicle’s cash purchase price. That’s not an estimate, a suggestion, or a range. It’s a fixed rate, clearly defined by state law.

For example:

$20,000 car = $130 VLF
$30,000 car = $195 VLF
$40,000 car = $260 VLF

The DMV provides a free, online fee calculator for anyone to use. Dealers have access to the same tool and often use it internally. This means they know exactly what the charge should be at the time of sale. There is no excuse for overcharging.

When you buy a car, the dealership is supposed to act as a go-between. They collect the appropriate DMV fees and send them to the state on your behalf. They’re not allowed to mark up those fees or guess the amount. Any overcharge doesn’t go to Sacramento—it goes into the dealer’s pocket.

Why Dealers Overcharge: Small Numbers, Big Profits

To the average car buyer, $40 or $100 might not seem worth pursuing. Dealers know this. They count on consumers to overlook these charges amidst the excitement of a new car and the pile of paperwork.

Now imagine a dealership sells 150 cars per month and overcharges just $100 on each one. That’s $15,000 a month—or $180,000 a year—of unauthorized profit. That money isn’t earned through service or product—it’s siphoned from customers through inflated government fees.

These fees are usually buried in the fine print, bundled under vague headings like “taxes and license,” or “government fees.” The total looks plausible, so buyers sign without questioning it. Dealers may even train their staff to say, “That’s just what the DMV charges,” knowing full well it’s false.

This tactic is strategic, not accidental. It’s theft disguised as bureaucracy.

Why It’s Theft, Not a Mistake

Dealers might argue it was a one-time error, a misprint, or a misunderstanding. But when the pattern repeats—and it always favors the dealer—there’s no room for doubt. This is not negligence. It’s a scheme.

Overcharging the Vehicle License Fee is the same as charging you for taxes that weren’t owed, then pocketing the extra. It’s fraudulent and illegal. The DMV doesn’t authorize any dealership to estimate, adjust, or inflate this fee. They’re merely collectors.

Let’s be clear: when a business takes money under false pretenses, that’s not an accident. That’s a crime especially when they don’t return the money after they “realize” you were overcharged.

In some cases, consumers have learned the overcharge wasn’t even forwarded to the DMV. It was treated as dealer revenue. This goes beyond unethical—it’s theft. And under California law, you can sue to get that money back.

California Laws That Protect You

When it comes to deceptive car dealership practices, California law is uncommonly strong in protecting consumer rights. Overcharging a government-mandated fee, like the Vehicle License Fee (VLF), falls under multiple legal statutes that empower you to seek justice.

First is the Consumer Legal Remedies Act (CLRA) under Civil Code §1770. This law prohibits a range of deceptive business practices, including the misrepresentation of the source or amount of fees in a transaction. If a dealer falsely claims a fee is fixed by the government—or inflates it without explanation—that’s a violation. The CLRA doesn’t just allow you to demand a refund. You can sue for damages, have your attorney’s fees paid, and even pursue punitive damages if the conduct was willful.

Then there’s Vehicle Code §11713(i), which directly governs car dealers. This section makes it illegal to make any untrue or misleading statements in connection with the sale or financing of a vehicle. That includes implying a fee is required by law when it’s not, or charging a higher amount than the DMV stipulates. This provision targets exactly the kind of behavior many dealers engage in when padding VLF charges.

Also at your disposal is Business and Professions Code §17200, known as the Unfair Competition Law (UCL). It prohibits “unlawful, unfair, or fraudulent business acts or practices.” This law is especially useful in cases involving widespread or systemic overcharges, because it allows both individual and class action lawsuits. If the practice has affected a large number of people, your case could be part of something bigger.

Together, these laws offer multiple avenues for recovery. Not only can you get your money back, but you can also help hold the dealership publicly accountable. If enough people come forward, it can even result in changes to how that dealership does business statewide.

What You’ll Need to Prove It

While California law is powerful, the strength of your case depends on your documentation. To prove a VLF overcharge, you need to show what you were charged versus what the DMV actually requires. That means pulling together several key documents:

Start with your purchase contract. This should list all fees charged, including registration and licensing. You’re looking for a line item that states how much you paid for the Vehicle License Fee.
Next, visit the DMV’s website and use their VLF calculator. Input your car’s purchase price to determine the correct fee, which should be 0.65% of that amount. Save or print a screenshot for your records.
Then, find your official registration from the DMV. This shows what the dealership actually submitted to the state. In some cases, you’ll find the dealer only submitted the correct amount—keeping the rest.
Don’t forget emails, texts, or printed documents from the dealer that refer to “standard” or “mandatory” fees. Any statements that falsely represent the fee as set in stone are important.
If your vehicle purchase involved financing, include loan documents as well. If you financed the overcharged amount, you’ve likely paid interest on that money—and you deserve compensation for that too.

You don’t need to have everything perfect. A knowledgeable attorney can help fill in the gaps. But the more organized and complete your evidence is, the stronger your claim becomes.

What This Can Cost You: Financial and Legal Harm

You might be thinking, “It’s just a hundred bucks—why bother?” But the real cost runs much deeper.

Let’s start with the numbers. If your dealer overcharged you $200 and rolled it into your car loan at a 7% interest rate over 60 months, you could end up paying more than $235 just for that one overcharge. Multiply that by other hidden fees you didn’t catch, and the costs start to balloon.

Beyond financial harm, there’s the principle of it all. You trusted a licensed dealer. You thought you were paying official DMV fees. Instead, you were misled. That kind of breach isn’t just frustrating—it’s infuriating. And under California law, emotional distress caused by deceptive practices can also factor into damages.

There’s also reputational harm. If you decide to sell your vehicle or trade it in, discrepancies in paperwork or registration fees might raise red flags with other buyers or dealerships. You could even find yourself having to explain documentation inconsistencies you didn’t create.

Finally, there’s the broader social cost. When dealers engage in this kind of misconduct routinely, it damages trust in the entire industry. Holding them accountable isn’t just about your case—it’s about making the system fairer for everyone.

What You Can Do Right Now

If you suspect you’ve been overcharged for your Vehicle License Fee, there’s no time like the present to act. The steps are straightforward:

Do the math. Pull your purchase agreement and locate the line item for the Vehicle License Fee. Then visit the California DMV’s VLF calculator. Enter your car’s purchase price and compare the result to what you were charged.
Check your registration. Compare what the dealership reported to the DMV with what they charged you. If there’s a difference, that’s a red flag.
Document everything. Take screenshots of the DMV calculator. Highlight relevant parts of your contract. Keep all communications with the dealer.
Consult an attorney. An experienced consumer protection lawyer can tell you within minutes whether you have a viable case. Many offer free consultations and work on contingency—meaning you don’t pay unless you win.
Spread awareness. If you discover you’ve been scammed, consider leaving reviews or notifying the DMV’s investigations unit. One complaint may not change much—but dozens can bring about serious reform.

The key is not to wait. California has statutes of limitations that may restrict how long you have to take action. But the sooner you act, the more powerful your position.

We Help Californians Recover What They’re Owed

At our firm, we don’t just dabble in consumer protection—we live it. We’ve helped countless Californians reclaim money stolen through overcharges, junk fees, and outright fraud. We’ve gone up against both small-town dealers and major chains. And we’ve won.

Our legal team understands the laws that protect you. We know how to read contracts, gather the right documents, and build a compelling case. We also understand what it feels like to be lied to by a company you trusted. That’s why we combine fierce legal advocacy with personal support.

If you’ve been overcharged for Vehicle License Fees, we want to hear from you. No overcharge is too small. It’s not about the number—it’s about holding wrongdoers accountable.

Let us help you take back what’s yours—and send a message that California consumers won’t be cheated without a fight.

Call us, The Law Office of Paul Mankin, APC, now for a free consultation/evaluation. 1-800-219-3577.

UncategorizedMay 16, 20250 comments

by Paul Mankin

California Car Dealers Must Honor Advertised Prices — No Exceptions

“They said the price was $21,999 online. At the dealership, it became $25,500 — plus add-ons I never agreed to. Is this even legal?”

A Common (and Costly) Scenario for California Car Buyers

Imagine this: You’re browsing for a used car online. You find a 2019 Honda Civic advertised on a dealership’s website for $21,999. The photos look good, the mileage is reasonable, and the listing clearly states the price and features.

Excited, you visit the dealership the next day. But when it’s time to sign the paperwork, the price has mysteriously jumped to $25,500. The salesperson shrugs and says the online price was “a mistake” or “only applies with dealer financing.” You feel pressured, confused, and unsure of your rights — and you end up signing the deal.

Sound familiar? You’re not alone. And yes — in California, this is likely illegal.

Stories like this happen every day across California. Many consumers later find themselves burdened with high payments, inflated loan terms, and contracts that don’t match what was advertised. And for those with limited English proficiency or first-time buyers, the damage can be even worse.

A San Diego couple reported that they were lured by a $17,500 price listed online, only to leave the dealership with a $24,000 invoice that included several undocumented fees. They didn’t know they could fight back — until a consumer attorney stepped in and voided the deal.

On Reddit, a customer found a used vehicle listed for sale on a dealership’s website at an advertised price of $24,998. After visiting the dealership and test driving the vehicle, the customer informed the salesperson of their intention to pay in cash. At that point, the dealership refused to sell the vehicle at the advertised price. The salesperson explained that the dealership had purchased the vehicle at auction for $31,000 (Reddit.com, 2024).

Online reviews on popular websites such as Yelp and consumer threads on Quora and AVVO are filled with similar complaints. These first-hand accounts serve as warnings — and motivators — for consumers to do their homework and speak up.

Why Dealers Do This (And How They Get Away With It)

Car dealers are in the business of maximizing profit on every sale. Many know that if they can get a customer in the door with a low price, their chances of closing the deal — even at a higher price — go up significantly. This is called the “foot-in-the-door” technique.

Once a buyer is emotionally invested, has test-driven the vehicle, spent hours at the dealership, and visualized themselves in the car, they become more vulnerable to manipulation. Dealers take advantage of this by slowly adding fees, upselling packages, and backtracking on the advertised price.

They may use confusing paperwork, pressure tactics like “this deal is only good today,” or say a manager must approve the sale. By the time the buyer realizes what’s happened, they’re often too exhausted or embarrassed to back out.

Dealers also manipulate the finance and insurance (F&I) stage of the transaction. During this phase, buyers are often hit with surprise “mandatory” fees, aftermarket products, or extended service contracts — which significantly increase the total purchase price without proper disclosure.

One former dealership finance manager, speaking anonymously, revealed in a consumer interview: “We were trained to treat the advertised price as bait. Once someone was inside, the real sale began. Add-ons were not optional unless the buyer fought back hard”.

Worse yet, many consumers don’t know their rights. Dealers rely on this ignorance and the complexity of contract language. Even those who feel uncomfortable often sign anyway because they fear losing the vehicle or feel they won’t be taken seriously if they complain.

Real-Life Examples and Public Complaints

AVVO: One user posted, they were quoted $19,500 online. After they signed the paperwork and left with the car they reviewed the documents to find the dealer processed the car for $72,000 and the trade in was also marked up to $28,000 (Avvo.com, 2018).
Quora: A thread titled Is it legal for a dealership to advertise one price and charge another? has dozens of responses from buyers who faced bait-and-switch tactics (Quora.com, 2020).
Class Action Suit: In 2019, a major dealership group in California settled a class-action lawsuit alleging it had engaged in deceptive advertising practices. Plaintiffs claimed the dealership routinely posted fake prices online to lure in buyers, then used high-pressure tactics to upsell. (Bob Bonta Attorney General, 2019).

These aren’t just anecdotes — they’re patterns. And they point to an industry that too often puts profit over fairness.

Additional Consumer Reviews That Reveal the Pattern

One user on Edmund’s forums shared: I showed them the online ad, and the finance manager said, that’s just to get you in the door, the real price includes dealer prep and doc fees (Edmunds.com, 2011).
On the Better Business Bureau site, a customer wrote: The dealership wouldn’t honor the TrueCar certificate. They claimed their website hadn’t updated yet, even though it was their listing (Better Business Bureau, 2025).
A Facebook Marketplace buyer said: I brought the ad with me and they told me the price ‘was a typo.’ They tried to upsell me into a car $6,000 more. I walked out.

These recurring stories show the problem is not isolated — it’s industry-wide.

When Dealers Claim “Error Disclaimers”

Some dealerships will argue that the advertised price was a “mistake” and point to a disclaimer — usually buried in fine print — stating that they are not responsible for errors in pricing.

While disclaimers can offer some legal protection in very narrow circumstances, California law still prohibits bait-and-switch tactics. If the advertised price was prominently displayed without any clear and conspicuous condition that it only applies under certain terms, that price must be honored.

California courts have ruled that general disclaimers cannot shield dealers from liability for intentionally misleading advertising. The key question is: Was the price displayed in a way that would mislead a reasonable consumer?

If so, the disclaimer won’t save the dealer from a complaint or lawsuit. Always keep a copy of the full ad, including any small print, to evaluate whether the terms were clearly and lawfully disclosed.

How Online Tools and Algorithms Make It Worse

Many dealerships use dynamic pricing tools that adjust vehicle prices based on demand, inventory levels, or online shopper behavior. These tools can lead to rapid changes in online ads — and confusion for consumers who try to lock in a price they saw hours or days earlier.

Some dealerships intentionally use these tools to show lower prices on third-party sites like CarGurus or TrueCar, only to increase the price once a buyer clicks through or contacts them. This practice blurs the lines between legitimate inventory management and deceptive advertising.

Furthermore, some dealers employ “clickbait pricing” — listing below-market prices that include fine-print requirements like dealer financing, trade-ins, or large down payments. If those conditions weren’t made obvious, the pricing may still be illegal.

This is why checking the ad before and after your purchase — and saving it — is essential. If you later learn the ad was changed or removed, you still have proof of what was offered.

How to Protect Yourself — Before and After the Sale

1. Always Save the Advertisement

Take screenshots of the price, vehicle description, VIN, website URL, and date/time from the dealer’s website or any third-party listing. Ads can change or disappear — your screenshot is your proof.

2. Confirm the Price in Writing

Before heading to the dealership, get an emailed or texted price quote. Ask that the VIN be included in the message.

3. Bring a Witness or Record Your Visit

California requires both parties to consent to recording. If possible, ask permission and record the pricing discussion — or bring a trusted friend or relative.

4. Double-Check the Final Paperwork

Compare every line item and make sure no surprise packages or fees were added. Decline anything you didn’t agree to in writing.

5. Re-check Ads After the Purchase

Even post-sale, you should revisit the dealership’s website and third-party listings. Use tools like the Wayback Machine or Google Cache if the ad has been removed. This step is critical — many consumers discover they were charged more than advertised only after finding the same listing again.

Legal Remedies and Enforcement Options

Under California Vehicle Code Section 11713.1(e), it is illegal for a dealer to advertise one price and then refuse to sell at that price without lawful justification.

The California Business and Professions Code outlaws misleading or false advertising. The Consumer Legal Remedies Act also bans unfair or deceptive pricing.

Violations may entitle consumers to:

Full contract rescission (cancellation)
Monetary compensation
Attorney fees and court costs
Statutory damages

Consumers can file complaints with:

California DMV Investigations Division
California Attorney General’s Office
Better Business Bureau
Federal Trade Commission (FTC)

Frequently Asked Questions (FAQs)

Can a dealer legally raise the price after I agree to the ad?

No. Once you agree to purchase at the advertised price — especially if no conditions were clearly disclosed — the dealer must honor it. Raising the price violates California consumer protection laws.

What if the dealer says it was a pricing error?

Unless the error was obvious (like a $40,000 car listed for $4,000), they still have a legal obligation to honor the listed price. Generic disclaimers are not a defense for deceptive advertising.

Can I cancel the deal if I was misled?

Yes. If you can show that you were charged more than the advertised price without your consent or proper disclosure, you may be entitled to cancel the contract and recover your money.

Do I need a lawyer to fight this?

Not always, but it helps. Some consumers file DMV complaints or small claims actions successfully. However, a consumer protection attorney can evaluate your case and increase your chances of success — often without upfront fees.

What evidence do I need to prove the dealer sold a vehicle for more than the advertised price?

There are several documents that are needed but here are two key documents. (1) You need the purchase contract. The purchase contract will show the price you paid for the vehicle and (2) a copy of the advertisement showings the lower price will be helpful. Oftentimes, we are able to find the advertisement but its better if you can provide us with one.

Conclusion

Car dealers in California are required by law to honor the advertised price — no matter what excuse they offer. Don’t fall for pressure tactics, fake add-ons, or “error disclaimers.”

If you were charged more than what was advertised, you may be entitled to cancel the deal and recover damages. Document everything, act quickly, and speak with a consumer attorney. We help Californians fight back against illegal dealer practices. Call us, The Law Office of Paul Mankin, APC, now for a free consultation/evaluation. 1-800-219-3577.

Disclaimer: This article provides general information and does not constitute legal advice. For personalized guidance, consult a licensed California attorney.

UncategorizedMay 15, 20250 comments

by Paul Mankin

What Is Auto Dealer Fraud? Understanding the Basics

Not every sale is honest. Some dealerships mislead buyers with hidden fees, rolled-back odometers, or deceptive financing terms. Others sell vehicles with undisclosed damage or altered histories. These business practices can leave buyers paying more than expected—or stuck with a defective vehicle.

In this guide, you’ll learn how auto dealer fraud happens, common schemes, and what legal options exist if you’ve been misled.

10 Types of Auto Dealer Fraud Cases and What You Can Do About Them

Buying a vehicle should be simple. However, some automotive dealerships use misleading tactics to squeeze more money out of new car buyers. Here are the most common scams, how they work, and what you can do to protect yourself.

1. Odometer Rollback

Lower mileage means a higher price. Some sellers tamper with odometers to make a motor vehicle seem newer than it is. Digital odometers are not immune—fraudsters use software to alter readings.

How to spot it:

Compare the mileage on the title, vehicle history report, and service records. Look for inconsistent numbers. A low-mileage vehicle with worn seats faded buttons, or new pedal covers is suspicious. Check the odometer sticker on the oil change records.

2. Bait-and-Switch Pricing

You see an ad for a great deal, but when you arrive, the car is “already sold.” The salesperson pushes a more expensive option or adds surprise fees. This is intentional—it gets buyers in the door.

How to avoid it:

Call ahead to confirm the vehicle is available. Get an email quote before visiting. If the deal changes when you arrive, walk away.

3. Hidden Fees in the Sales Contract

Some contracts include extra charges for things you never agreed to, such as extended warranties, service plans, or “dealer prep” fees. These fees can add thousands to the final purchase price.

How to protect yourself:

Read every line before signing. Ask for a detailed breakdown of all charges. If a fee sounds vague, question it. Common junk fees include “VIN etching,” “advertising fees,” or “protection packages.”

4. Selling a Lemon Without Disclosure

Some vehicles have major defects that dealers fail to mention. A car with a history of repeated repairs may qualify as a lemon, but that doesn’t stop some used car dealers from offloading it to unsuspecting buyers.

How to verify:

Request a vehicle history report. Look for multiple repair entries for the same issue. If possible, take the vehicle to an independent mechanic before buying. Check your state’s lemon law to see if you have legal protection.

5. Financing Scams and Yo-Yo Sales

A dealer tells you your financing is approved. You sign the paperwork, drive off, and think the deal is done. Days later, they call back—your loan “fell through.” Now, they demand you sign a new contract with worse terms.

How to avoid it:

Never leave the lot without full loan approval in writing. Secure financing through a bank or credit union before stepping into a dealership. If they call you back with new terms, refuse.

6. Tampering with Vehicle History

Not every accident or repair shows up on a history report. Some sellers avoid reporting wrecks or title issues, making a damaged vehicle seem clean.

How to check:

Don’t rely on a single vehicle history report. Use multiple sources like AutoCheck and the DMV. Request service records from the seller. A trusted repair shop can also look for hidden damage.

7. False Certified Pre-Owned Vehicle Claims

Certified pre-owned (CPO) vehicles should meet manufacturer standards. Some dealerships slap a CPO label on cars without actually performing inspections.

How to confirm:

Ask for documentation. A real CPO vehicle comes with a manufacturer-backed inspection report. Look for missing service records or signs of unaddressed damage.

8. Low Trade-In Offers

Dealers make money on trade-ins. The lower the offer, the more they profit when reselling. Some will downplay your vehicle’s value to increase their margins.

How to negotiate:

Know your trade-in’s value before visiting. Use Kelley Blue Book and Edmunds for estimates. Get quotes from multiple dealers before accepting an offer.

9. Extended Warranty Pressure

Extended warranties can be useful, but they are never required. Some dealerships claim they are mandatory or sneak into contracts without permission.

How to decline:

Check your service contract. If a warranty appears without your approval, ask for it to be removed. If a salesperson insists it’s required, they are misleading you.

10. Deceptive Advertising

“Zero percent interest!” “Lifetime warranty!” “No money down!” These deals sound great—until you read the fine print. Some promotions come with hidden conditions that make them nearly impossible to qualify for.

How to avoid falling for it:

Read the terms carefully. If an offer sounds too good to be true, it probably is. Always ask for clarification before signing anything.

Know Your Protections: State and Federal Consumer Laws

Laws exist to hold dealerships accountable for deceptive practices. Knowing these protections can help if you run into a fraudulent sale.

State Laws and Lemon Laws

Each state has consumer protection laws that regulate car sales. Lemon laws, for example, require dealers to refund or replace defective vehicles under certain conditions. Some states have strict rules on as-is sales, making it harder for dealers to avoid responsibility for hidden defects.

What to do:

Research your state’s lemon law and used vehicle protections. If a dealership refuses to fix a serious issue, check if your vehicle purchase qualifies for legal action.

Federal Laws Against Auto Dealer Fraud

The Federal Trade Commission (FTC) enforces rules to prevent deceptive advertising, odometer tampering, and misrepresentation. The Truth in Lending Act requires dealers to disclose loan terms clearly. The Magnuson-Moss Warranty Act ensures that warranties are honored as promised.

How this helps you:

If a dealership hides fees, misrepresents a vehicle’s condition, or pressures you into a bad loan, you may have legal grounds for a complaint.

What Are Your Legal Rights Under Car Dealership Laws?

You have the right to fair treatment when buying a vehicle. If a dealership misled you, added fake fees, or sold you a defective vehicle, the law is on your side.

Protect Yourself: Keep all documents—sales contracts, emails, repair records, and ads. These are key to filing a complaint or taking legal action.
Take Action: Report consumer fraud to the FTC, Better Business Bureau, or your state’s attorney general. If the issue isn’t resolved, consider other legal options.

Need Help? If a dealership violated consumer rights, speak with an auto fraud attorney. Contact Paul Mankin Law for a case review and guidance on your next steps.

UncategorizedMay 6, 20250 comments

by Paul Mankin

Can You Trust Carfax Reports? Accuracy, Reliability, and Red Flags

A vehicle history report can be valuable when buying a used vehicle. It offers details on past owners, accidents, and maintenance records. But like any tool, it has limits. Not every repair shop reports to Carfax. Not all accidents make it into the database. And sometimes, key details get missed.

In this guide, you’ll learn how these reports work, what they might miss, and how to cross-check information before making a car purchase.

How Accurate Are Carfax Reports? Understanding Their Reliability

A vehicle history report is only as good as its data. Carfax pulls from thousands of sources— DMV records, insurance companies, police reports, and repair shops. If an accident gets filed with an insurer, it’s likely to appear. If a body shop reports frame damage, that detail gets logged. But not every used car incident leaves a paper trail.

Some repairs never make it to the system. A previous owner might have skipped insurance to avoid premium hikes. A small repair shop might not report to databases. Even a dealership trade-in could pass through with undisclosed issues. That’s why a “clean Carfax” record doesn’t always mean a problem-free vehicle.

This doesn’t mean the tool isn’t useful. It’s an important checkpoint—but not the only one. A test drive, an independent inspection, and cross-checking with services like AutoCheck can help fill the gaps.

Can a Carfax Report Be Faked? How to Spot a Fake Carfax

Most history reports are reliable, but that doesn’t stop bad actors from trying to manipulate them. Here’s how fraud happens and what to watch for.

Altered PDFs

A real report can be downloaded and edited. Dishonest sellers might remove accident reports, change ownership history, or adjust mileage.

Fake Websites

Some scammers create imitation sites that look like official sources. A fake report may use an altered domain name, low-quality logos, or incorrect formatting.

Mismatched VINs

Every vehicle has a unique identification number (VIN). If the VIN on the history report doesn’t match the one on the dashboard or door frame, something is wrong. A small difference—one incorrect digit—could mean the report belongs to a different vehicle.

Incorrect Mileage

Mileage should always increase over time. Someone may have rolled it back if a report shows a lower reading than what’s on the odometer. This is a red flag for potential tampering. Compare the history record with service documents and state inspection reports.

Unusual Formatting

A legitimate report follows a consistent structure. It could be fake if a document has blurry text, missing sections, or fonts that don’t match the original source. Look for watermarks and verification features from the report provider.

No Service or Repair History

A well-maintained vehicle should have service records—oil changes, inspections, or warranty repairs. If a report is completely blank in this section, it doesn’t mean the vehicle has never been serviced. It could mean the records weren’t reported or were intentionally removed.

Cross-Check with Trusted Sources

Don’t rely on a single report. Use AutoCheck, check records with the DMV, and ask for service history from a car dealership. A pre-purchase inspection at a repair shop can also reveal hidden damage or past repairs not listed in the history.

Legal Options If a Dealership Lied About a Vehicle’s History

Some sellers leave out key details. Here’s how to tell if you have a legal case and what steps to take.

When Misleading Information Becomes Fraud

Odometer Rollbacks: If the mileage was changed to make a vehicle seem newer, that’s fraud. The federal government has strict laws against odometer tampering.
Undisclosed Accidents: If a seller hides major wrecks, flood damage, or structural repairs, they may be breaking the law. A car dealer is responsible for known defects even if the damage doesn’t appear on a car history report.
Branded Titles Not Disclosed: Some vehicles have titles marked “salvage” or “rebuilt” due to prior damage. If a seller presents the vehicle as having a “clean” vehicle title but doesn’t disclose past issues, that could be considered deceptive.
Bait and Switch: Some buyers sign paperwork only to realize later that the vehicle has different terms than promised. You may have a case if a seller changes the contract without clear disclosure.

Buyer Protection Laws That Apply

Federal Trade Commission (FTC) Rules: Dealers must provide truthful information. False claims about a vehicle’s history violate federal laws.
State Lemon Laws: A misrepresentation vehicle may sometimes qualify under state lemon laws. This depends on defects, repair history, and warranties.
Odometer Fraud Protection Act: This federal law protects buyers from mileage tampering.
Consumer Protection Laws: Many states have laws against deceptive trade practices. These protect buyers from unfair business tactics.

How to File a Legal Complaint

Gather Proof: Keep sales contracts, history reports, and written communication. If possible, get a mechanic’s inspection to confirm hidden defects.
Contact the Seller: Some issues may be resolved without legal action. Ask the dealer for an explanation and request a written confirmation of any claims.
File a Complaint With the DMV: Many state DMV offices investigate vehicle fraud or scams. They can check title histories and verify reported mileage.
Report to the Better Business Bureau (BBB): While the BBB can’t enforce laws, a complaint may pressure the dealership to resolve your claim.
Submit a Complaint to the FTC: The Federal Trade Commission investigates fraud and deceptive practices. You can file a report online.
Consult a Lawyer: If the dealership refuses to take responsibility, an attorney can help. Legal action may result in compensation or even a contract cancellation.

What to Do If You Don’t Trust a Carfax Report

A history report can be helpful, but it’s not perfect. Some details may be missing, and mistakes may happen. If something doesn’t add up, take action.

Inspect the Vehicle in Person: Look for mismatched paint, uneven panel gaps, or signs of major repairs.
Get a Pre-Purchase Inspection: A mechanic can find hidden damage that reports might miss.
Verify the Title: Ask for a copy of the title and compare the information with the DMV’s records.

Get Legal Help If Needed

If a seller knowingly provided false information, you may have legal options. An auto fraud attorney can help recover losses, negotiate a refund, or take further action.

Car buying should be a fair deal. If you suspect deception, don’t ignore it. Speak with a legal professional today.

UncategorizedApril 28, 20250 comments

by Paul Mankin

Suing a Car Dealership for Fraud: How to Protect Your Rights and Win Your Case

Some deals sound too good to be true—and sometimes, they are. Hidden fees, misleading contracts, and undisclosed vehicle issues can turn a simple car purchase into a costly mistake.

Legal options exist if a seller misrepresents details, charges for services never agreed to or fails to disclose major defects.

Laws protect new car buyers from deceptive practices. Holding a business accountable takes preparation—clear documentation, knowledge of consumer protections, and, often, legal support.

This guide teaches you how to identify dishonest practices, what to do if you’ve been misled, and what legal actions may be available.

Reasons to Sue a Car Dealership

Not every bad deal is illegal. But some are. Legal action becomes an option when a seller crosses the line from a mistake to deception.

Misrepresentation of a Vehicle’s Condition

A buyer purchases a used vehicle advertised as accident-free. Later, a mechanic discovers frame damage. If a seller knowingly hid this detail or altered records, that’s a misrepresentation. Mileage tampering, falsified repair history, and undisclosed recalls also fall under this category.

Bait-and-Switch Tactics

You negotiate a deal for a specific model at a set price. When you arrive to sign, the offer is suddenly unavailable. The only options are a higher price or a different vehicle. If a business lures customers with false promises, it’s dishonest and may violate consumer protection laws.

Hidden Fees and Unauthorized Add-Ons

A final contract lists charges never discussed: extended warranties and service plans. If these extras were added without clear consent, that’s a potential breach of contract.

Selling a Lemon Without Disclosure

Some used cars are legally classified as lemons due to repeated mechanical failures. Sellers must disclose this status. Buyers may have grounds for legal action under lemon laws if they don’t.

Breach of Contract

If a business agrees to specific terms—like trade-in value, warranty coverage, or financing rate—and fails to honor them, that’s a breach. Any written agreement should be followed exactly as signed.

Laws exist to protect consumers from dishonest practices. If a seller misled you, the next step is to seek legal advice.

Can You Sue for Deception or Misrepresentation? Your Legal Consumer Rights

If a seller misled you about financing, added hidden fees, or misrepresented a vehicle’s history, legal action from a reputable law firm may be an option.

When a Lawsuit Is Justified

A lawsuit isn’t for every dispute. Cases that often hold up in court as consumer fraud include:

Odometer Fraud: Rolling back mileage to increase value
Undisclosed Damage: Selling a wrecked vehicle as clean
Title Issues: Claiming a car has no liens when it does
Hidden Fees: Charging for extras never agreed to
False Advertising: Bait-and-switch tactics or misleading promotions by a salesperson

If a business knowingly deceived you, legal claims may be stronger than simple complaints.

Next Steps: Complaint or Lawsuit?

Before starting a case, start with a formal complaint to consumer protection agencies. The Better Business Bureau, the Federal Trade Commission, and the California Attorney General all handle disputes. If they can’t resolve it, an experienced attorney can help you review legal options.

Filing a Complaint Against a Car Dealership in California

A bad deal isn’t always illegal, but some business practices cross the line. If a seller misled you, refused repairs, or added hidden fees, filing a complaint can hold them accountable. Here’s how to do it.

Step 1: Gather Evidence

Strong complaints come with proof. Collect:

The original sales contract and any financing documents
Emails, texts, or voicemails about the sale
A vehicle history report from Carfax or AutoCheck
Inspection records, repair estimates, or export opinions
Any written promises or warranties

Step 2: Contact the Car Dealer

Sometimes, a formal complaint in writing can resolve the issue. Be direct. Outline the problem, reference any misleading claims, and request a solution. Keep a copy for your records.

Step 3: File a Complaint with Consumer Protection Agencies

If the business won’t cooperate, take the next step. File complaints with:

Better Business Bureau (BBB): Tracks unethical business practices and can mediate disputes.
California Department of Motor Vehicles (DMV): Investigates cases involving false advertising or odometer tampering.
Federal Trade Commission (FTC): Handles deceptive business practices on a national level.
California Attorney General’s Office: Protects consumers and enforces state laws.

Each agency has an online complaint form. Be clear, include supporting documents, and keep a copy.

Step 4: Consider Arbitration or Small Claims Court

Some contracts require arbitration before legal action. Small claims court may be a faster option if your claim is under a certain amount. California’s small claims courts handle cases up to $10,000.

Step 5: Speak with a Lawyer

Legal action may be the next step if compliments don’t lead to a resolution. An attorney can review your case, help recover damages, or take the matter to court if necessary.

Filing a complaint can pressure businesses to fix mistakes. If they won’t, you have other options.

What Kind of Lawyer Do You Need to Sue a Dealership?

Not every attorney handles disputes against sellers. The right one depends on your case.

Auto Fraud Attorney: Specializes in deceptive sales, misrepresentation, or odometer fraud. Ideal for cases involving hidden fees, undisclosed damage, or contract breaches.
Consumer Protection Lawyer: This type of lawyer focuses on unfair business trade practices and violations of federal or state laws. It is useful when a business engages in deceptive advertising or refuses to honor agreements.
Lemon Law Attorney: This is the right choice if a vehicle has repeated defects and qualifies under state lemon laws.

Understanding Attorney Fees

Many attorneys offer free consultations to assess a claim. Some work on a contingency basis, meaning they only get paid if they win. Others charge flat fees or hourly rates, depending on the case.

What to Do If You’ve Been Charged Fake or Hidden Fees

Extra fees can add up fast. Some are legal, but others are deceptive. You have options if a seller slipped in charges you didn’t agree to.

First, review your contract. Compare the final numbers to what was promised. Look for vague charges or unexpected add-ons. Keep every document—sales agreements, financing terms, and emails.

Some cases qualify for legal action, especially if a scam, defective vehicle, or misrepresentation is involved.

The Law Office of Paul Mankin helps car buyers hold dealerships accountable. Contact us for a free consultation and learn how to get your money back. We work on a contingency basis, so you don’t pay unless we win or settle. See how auto dealer fraud laws protect you.

UncategorizedApril 25, 20250 comments

by Paul Mankin

Can You Cancel an Extended Warranty on a Car? Understanding Your Rights

An extended warranty sounds like a safety net—until you try to cancel it. Some dealerships make the process smooth, but others delay, dodge, or refuse outright.

You might have second thoughts about the cost. Maybe you found out the coverage overlaps with a manufacturer warranty. Or worse, you never agreed to it in the first place. No matter the reason, cancellation should be straightforward.

In this guide, you’ll learn how to cancel, what kind of refund to expect, and what to do if a dealership won’t cooperate.

Extended Warranties and Your Car

Dealerships love extended warranties. They present them as extra protection to buy peace of mind. However, not all warranty coverage is the same, and not all policies are easy to cancel.

Types of Extended Car Warranties

Manufacturer-Backed Plans: These come directly from brands like Honda, Toyota, or Ford. They extend factory coverage and are generally more reliable.
Third-Party Warranties: Often sold by warranty providers, these contracts may have more exclusions and require pre-approval for repairs. Some car dealerships push these harder because they bring in bigger profits.

What’s Covered? What’s Not?

Most plans focus on big-ticket repairs—engine, transmission, and electrical systems. But common exclusions exist: wear-and-tear items like brake pads, oil changes, and anything considered routine maintenance. Some contracts include a deductible per visit, which can make small repairs costly.

Why Dealerships Push These Plans

Extended warranties boost profits. Finance managers slip them into deals as “standard” or bury them in paperwork. Some even say you can’t qualify for a car loan without one. But in most cases, cancellation is possible—if you know how to push back.

Can a Dealer Refuse to Do Warranty Work or Cancel a Warranty?

Dealerships make promises. Some don’t keep them. You expect repairs to be covered. Then, suddenly, the claim is denied.

Why Repairs Get Rejected

“Not covered” Excuse: Some dealerships argue the issue is outside the extended warranty contract. They may claim exclusions or fine print prevent the repair.
Blaming the Owner: They might say misuse caused the problem. Lack of maintenance records, aftermarket parts, or previous repairs can give them a reason to deny service.
Third-Party Hassles: If the coverage is through an outside company, the car dealer may refuse to work with them. Some service centers won’t deal with warranty providers they don’t trust.

Your Consumer Protections

The Magnuson-Moss Warranty Act prevents companies from unfairly denying coverage to new car owners. A manufacturer or dealership must prove a repair isn’t covered; if they can’t, they must honor the claim.

What You Can Do

Check the Fine Print: Review the vehicle service contract. If the repair is listed, push back.
Document Everything: Keep all service records and written communication.
File a Complaint: Report the issue to the Better Business Bureau, the Attorney General’s Office, or the Federal Trade Commission.
Seek Legal Advice: An attorney can force action if the dealer refuses repairs without cause.

What to Do if a Warranty Was Added Without Consent or Service is Being Refused

You didn’t ask for extra coverage, but the dealership slipped it in. Maybe you spotted the charge on your finance contract after signing. Or maybe you were told it was “included,” only to find out later you’re paying for it. Either way, this isn’t legal.

How Dealers Add Warranties Without Permission

Bundled into Financing: Some dealerships add an extended vehicle warranty without telling you. They claim it’s required for loan approval or “recommended for peace of mind.”
Verbal Promises, Hidden Fees: A salesperson may say something is free, but the contract tells a different story.
Paperwork Sleight of Hand: Some dealers rush car buyers through signing, burying unauthorized add-ons in the fine print.

Hidden add-ons are shady and illegal. Dealers count on buyers not noticing or giving up, so don’t let them get away with it.

How to Cancel an Extended Warranty and Get a Refund

Extended warranties are often pitched as protection but aren’t always necessary. Maybe you realized you don’t need the coverage, or the dealership added it without asking. The good news is that most contracts allow cancellations. The challenge is getting your money back.

1. Find Your Warranty Contract

Check your sales agreement or new vehicle service contract for cancellation terms. Look for details on refund eligibility, cancellation fees, and whether you need to cancel in person or by submitting a cancellation request. Look for charges labeled as extended warranty or gap insurance.

2. Submit a Cancellation Request

Send a written cancellation form to both the warranty provider and the dealership. Include:

Your name, phone number, and address
The vehicle identification number (VIN)
A copy of your extended warranty contract
Your reason for canceling

Keep a copy of everything for your records. If submitting in person, ask for a signed acknowledgment. Send a cancellation form to the dealership and the factory warranty provider.

3. Know Your Refund Rights

Full Refunds: Some contracts allow full cancellation within a set period (usually 30 to 60 days).
Prorated Refunds: If you’ve used the coverage, you may get a prorated refund based on timeframe or mileage.
Fees & Deductions: Some providers charge a cancellation fee or deduct the cost of claims already paid.

4. Follow Up With the Finance Company

If the warranty was financed with your loan, the refund goes to the lender, not you. This reduces your loan balance, but it won’t lower your monthly payments.

5. Escalate if the Dealer Refuses

If the dealership doesn’t cancel, take action:

Call the warranty company: Confirm they received your request.
File a complaint: Report the dealer to the Better Business Bureau (BBB) and the Attorney General’s Office.
Consider small claims court: Legal action may be your next step if the dealer refuses a valid refund.

Contact Our Team to Review Your Case Today

If a dealership refuses to cancel your extended warranty on your new car or denies the service you paid for, don’t let it slide. You have options. Consumer protection laws exist for a reason.

A legal review can help you understand your rights and the next steps. Whether you need a refund, repairs, or a path to resolution, expert guidance can make a difference.

Book a free consultation today. Get answers and take action.

UncategorizedApril 16, 20250 comments

by Paul Mankin

Can You Return a Car Back to the Dealer? Your Rights Explained

Buying a vehicle feels like a commitment. But what if it turns out to be a mistake? Maybe the payments stretch your budget too thin. Maybe mechanical issues will show up too soon. Or maybe you simply changed your mind.

Some dealerships offer return policies, while others don’t. California laws provide options in certain cases, but there’s no universal right to undo a vehicle purchase. The rules depend on the type of sale, contract terms, and state laws.

This guide explains when a return is possible, how California’s cooling-off period works, and what steps to take if you need to return a vehicle.

California’s Laws and Cooling Off Period for Returning a Car

Some car purchases come with a built-in escape hatch. A cooling-off period. A way to walk away. But in California, that window is narrow, and it doesn’t apply to most vehicle sales.

California Buyer’s Remorse Law

This rule protects consumers from high-pressure car sales tactics. It allows certain purchases to be canceled within a short time frame. But here’s the catch—it doesn’t usually apply to vehicles.

Cooling-Off Rule for New Vehicles

California law offers a two-day cancellation option for some buyers, but only if the dealership sells it as an add-on. This option typically applies to purchases under a specific price and must be requested at the time of sale. If you didn’t buy this coverage, there’s no automatic right to return the vehicle.

Used Vehicle Limitations

Most used vehicle sales are final. Some dealerships offer return policies, but they’re voluntary. The law doesn’t force them to take a vehicle back unless it qualifies under the lemon law or contract cancellation option rules.

California New Car and Used Car Return Policies

Most sales are final, but some dealerships offer return options—voluntarily or through special agreements.

New Vehicle Returns: What Dealerships Allow

California does not require dealerships to accept returns on new purchases. The auto loan and monthly payments begin immediately if the vehicle is financed. Some dealers offer limited return options, often at an extra cost. This is part of a contract cancellation option that must be purchased at the time of sale.

Used Vehicles: “As-Is” Sales and Return Possibilities

Many used motor vehicles are sold “as-is,” meaning the buyer takes full responsibility after signing the sales contract. Returning the vehicle is unlikely unless a dealer offers a specific return policy. Private-party sales follow the same rule—once the deal is done, it’s done.

Refunds vs. Exchanges

Some dealerships offer exchanges instead of refunds. If the first purchase doesn’t work out, a buyer might be able to swap for another model. But this is rare and always depends on the dealership’s internal policies.

Deposits: Are They Refundable?

Deposits can be tricky. Some are refundable, while others are not. Before placing money down, ask if the purchase price deposit is part of the deal or just a hold. If it’s non-refundable, walking away means losing that money.

Steps to Take If You Want to Return a Car to the Dealer

Returning a vehicle isn’t always an option, but if you need to try, these steps can help.

1. Review the Sales Contract

Check for a return policy or a contract cancellation option. Some dealerships allow returns within a specific time frame, especially if the option was purchased at the time of sale. If no policy is listed, returning it may depend on the dealership’s goodwill.

2. Ask About the Dealership’s Voluntary Return Rules

Some businesses allow returns under certain conditions. They may charge a restocking fee or limit the return window. Others may offer an exchange instead of a refund. Speak to the salesperson or manager to understand your options.

3. Contact the Dealership Before Taking Legal Steps

Contact the dealership directly if you’re facing mechanical issues or unexpected problems. Explain your situation and ask if they are willing to work with you. If the issue falls under warranty or the lemon law, they may offer repairs instead of a return.

4. Keep All Communication in Writing

Save emails, texts, and documents related to your request. If a dispute arises, written proof can help. The Better Business Bureau (BBB) or the attorney general’s office may request documentation if you escalate the issue.

5. Seek Legal Advice if Needed

If the dealership refuses a return and you believe you were misled, consider speaking with a consumer protection attorney. Some cases qualify for a lemon law claim, while others may involve false advertising or contract violations.

What If You Can’t Return the Vehicle? Alternative Solutions

If the car dealer refuses, you still have options to reduce financial loss or find a legal solution.

1. Sell the Vehicle Privately

If returning it isn’t an option, reselling may be the next best option. A private sale often brings a higher market value than trading it in. Use sites like Carvana, Edmunds, or local listings to find a buyer. Just be sure to check state laws on title transfers and required disclosures.

2. Trade It in at Another Dealership

A trade-in can help if you need a different vehicle. While the offer may not match the purchase price, it could reduce the balance on a new car loan. Compare offers from multiple car buyers, including big retailers like CarMax.

3. Refinance to Lower Payments

If high monthly car payments are the issue, refinancing may help. A lower interest rate or longer loan term can make payments more manageable. Be sure to check your credit score before applying, as better rates go to borrowers with strong credit.

4. Consider a Legal Claim

Legal action may be an option if the car you bought has defects or the car dealership misrepresented its condition. Lemon law claims apply to certain defective vehicles, while fraud cases address misleading sales practices. Consulting a consumer protection attorney can clarify if you have a case.

Contact Our Team to Learn More about Car Return Options

Returning a vehicle isn’t always simple. State laws, contracts, and dealer policies all play a role. Getting the right advice can save you time and money if you’re unsure about your options.

An experienced attorney can review your case, explain your rights, and help you take the best next step. Don’t guess your way through it. Book a free consultation today and get the answers you need.

UncategorizedApril 8, 20250 comments

by Paul Mankin

California Lemon Law for Used Cars: What You Need to Know

A new purchase should come with peace of mind. But what happens when a vehicle turns into a headache? California’s lemon law offers protections if you’ve bought something unreliable. You have protections if it stalls on the freeway or won’t start. The seller may be responsible if it spends more time in the shop than on the road.

In this guide, you’ll learn what counts as a defective vehicle, how to file a claim, and what options you have if a dealership won’t make things right.

What Is the California Lemon Law?

The California Lemon Law protects buyers from getting stuck with defective vehicles. If a car, truck, SUV, or motorcycle has repeated mechanical failures and the seller can’t fix them, the owner may have a right to a refund or replacement. This law forces dealerships and manufacturers to stand behind what they sell.

A California Lemon Law applies to both new motor vehicles and used vehicles that come with a warranty. If a dealer attempts multiple repairs but the problem persists, the vehicle may qualify as a lemon. Safety issues, such as brake failures or engine stalls, can also strengthen a claim. Owners may need to go through arbitration or legal action to get compensation.

The Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act outline these rights in California. If a vehicle is deemed a lemon, the manufacturer must either repurchase it or provide a replacement.

Some cases qualify for reimbursement for attorney fees, towing, and rental expenses.

California Lemon Law Requirements: Does Your Car Qualify?

Not every defective vehicle is a lemon. The law has strict rules on what qualifies. You may be entitled to a replacement or buyback if repairs fail repeatedly. Here’s what you need to know.

1. The Defect Must Affect Safety, Use, or Value

A minor issue won’t qualify. The problem must make the vehicle unsafe, unreliable, or significantly reduce its value. It may meet the standard if it stalls, has brake failures, or suffers repeated engine issues.

2. A Reasonable Number of Repair Attempts

The law sets clear limits:

Two repair attempts if the defect poses a serious safety risk
Four attempts for the same non-safety issue
30+ days in the repair shop for any issue

If a dealership or manufacturer can’t fix it within these limits, it likely qualifies as a lemon.

3. The Vehicle Must Be Under Warranty

California’s Song-Beverly Consumer Warranty Act protects vehicles with an active manufacturer’s new car warranty. If the warranty expires before filing a lemon law claim, the law won’t apply.

Used vehicles qualify only if they come with a warranty at the time of purchase. An “as-is” sale does not guarantee protection.

4. You Must Notify the Manufacturer

Before filing a claim, you must give the manufacturer a fair chance to fix the problem. This means sending a written notice explaining the issue. If they fail to resolve it, you can pursue legal action.

5. Compensation Options

If your vehicle qualifies, you may be entitled to:

A replacement vehicle
A buyback (refund of the purchase price)
Reimbursement for attorney fees and other related costs

What to Do If a Dealership Sold You a Defective Vehicle

If you’re dealing with ongoing issues, follow these steps to protect yourself and your investment.

1. Gather All Documentation

Every piece of paperwork matters. Keep copies of:

Repair records: List every visit to the shop, including dates, issues reported, and work done.
Warranty details: Check coverage terms and expiration dates. A manufacturer’s new vehicle warranty may still apply.
Purchase agreement: Review the contract for any clauses about returns or dispute resolution.
Communication logs: Save emails, texts, or notes from phone calls with the dealership.

2. Contact the Dealership

Start with the seller. Call or visit the dealership and explain the issue. Many dealers will try to resolve problems by offering repairs, a replacement, or a refund. If they refuse to help or keep delaying, escalate your complaint.

3. Check for Manufacturer Support

Contact the automaker directly if the vehicle is still under the manufacturer’s warranty period. They may authorize repairs through an approved shop or offer other solutions. Some manufacturers have dispute resolution programs to handle defective vehicle claims.

4. File a Complaint With Consumer Protection Agencies

If the dealership won’t cooperate, report them. Agencies that handle auto fraud and defective vehicle claims include:

The Department of Consumer Affairs: They oversee dealership complaints in the state of California.
The Better Business Bureau (BBB): Some dealerships respond to complaints here to maintain a good rating.
The Attorney General’s Office: This office may investigate if the issue involves fraud or service contract violations.
The Federal Trade Commission (FTC): If the problem involves misleading sales practices, a federal complaint may help.

How Does the California Lemon Law Work With a Lawyer?

Some dealerships and manufacturers make the process harder than it should be. They delay repairs, reject claims, or refuse to buy back a defective vehicle. A lemon law attorney makes sure that doesn’t happen.

1. When to Consult a Lawyer

If a reasonable number of repair attempts haven’t fixed the problem, it’s time to seek legal help. Signs you may need an attorney include:

The dealership keeps stalling or saying the issue isn’t covered
The manufacturer refuses a buyback despite repeated defects
You’ve missed work or lost money because the lemon vehicle is unreliable

2. What an Attorney Does

A California lemon law attorney fights for compensation or a replacement. Here’s how they help:

Case evaluation: They review repair records and contracts to determine whether you qualify under the Song-Beverly Consumer Warranty Act.
Handling negotiations: They deal with automakers and dealerships, so you don’t have to.
Filing a claim: If needed, they pursue a lemon law buyback or reimbursement through arbitration or court.

3. Benefits of Hiring a Lawyer

No out-of-pocket fees: The automaker covers legal costs if your case qualifies
Faster resolutions: Attorneys push automobile manufacturers to settle instead of dragging out disputes
Less stress: A lawyer takes care of deadlines, paperwork, and negotiations so you can focus on your daily life.

If you’re dealing with a defective vehicle, don’t wait. The Law Office of Paul Mankin can review your case and help you get the resolution you deserve. Contact us today for a free consultation.

UncategorizedMarch 24, 20250 comments

by Paul Mankin

How to Buy a Car Out of State: A Complete Guide

Buying from another state opens up new options. More choices, better deals, and sometimes rare finds. But crossing state lines comes with challenges. Taxes, registration, inspections—each state plays by its own rules. A smooth purchase starts with knowing what to expect.

Some states have stricter emission laws. Others require inspections before registration. Sales tax might be due in your home state, not where you buy. And then there’s the title transfer—an essential step that can’t be overlooked.

In this guide, you’ll learn how to handle taxes, paperwork, and registration so your purchase is smooth and hassle-free.

Can You Buy a Car Out of State? Understanding the Basics

Car buying across state lines is legal, but each state has its own rules. Some make it easy, and others add extra steps.

California, for example, has strict emissions laws. A vehicle that meets federal standards may still fail California’s smog test. Without passing, registration won’t happen. If you’re buying from a dealership, they should handle compliance. Private sales, though, put the responsibility on you.

Title transfers matter, too. A dealership typically submits paperwork to the DMV, while a private party requires you to visit in person. The bill of sale, odometer reading, and vehicle identification number (VIN) must all be accurate to avoid delays.

Taxes and fees depend on where you register. If you bring a car home, your home state charges sales tax—not the seller’s state. Some states have a “use tax,” which adds to the total cost.

There’s also temporary registration. Some states issue a short-term license plate so you can drive home legally. Others require you to arrange transport.

Steps to Buy a Car Out of State

A good deal can turn into a hassle if you skip steps. Here’s how to keep things smooth and avoid costly surprises.

Research the Vehicle

Not all deals are as good as they seem. Run a vehicle history report through Carfax or a similar service. Look for red flags—accident records, odometer tampering, or car title issues. Dig deeper if the VIN shows a salvage title or multiple past owners in a short time. If financing, confirm there are no outstanding liens on the vehicle.

Know State Laws

Each state plays by its own rules. Some have stricter emissions standards or higher sales tax. Some require vehicle inspections before registration. Visit the Department of Motor Vehicles website for both the purchase and home states. Know whether state sales tax is due at purchase or registration. If you’re buying in California, expect some of the strictest rules.

Inspect Before You Buy

Looks can be deceiving. A clean body doesn’t mean a perfect engine. If buying from a private party, hire an independent mechanic for a full vehicle inspection. If dealing with an out-of-state dealer, request documentation on past repairs and service records.

Rust, engine issues, or a failed emissions test can turn your dream deal into a nightmare, especially if it’s a used car.

Handle the Paperwork

Buying a vehicle across different state lines requires extra paperwork. Expect to deal with:

Bill of Sale: Official proof of the transaction
Title Transfer: Ensures proper ownership handover
Proof of Car Insurance: Most states require coverage before you drive away
Odometer Disclosure Statement: Required for most used vehicles

If financing, your lender may require extra forms. Your state’s DMV website will list what’s needed.

Transport the Vehicle Home

Driving it back? Some states provide a temporary registration and license plate for the trip, while others require shipping. If you drive, ensure your insurance policy covers the journey. If using a transport service, get quotes ahead of time—shipping costs can add up quickly.

Register and Pay Taxes in Your Home State

Once home, head to the local DMV with all the necessary paperwork. Bring:

Title and Bill of Sale
Emissions Testing Results (if required)
Proof of Insurance
Driver’s License

Expect to pay state sales tax, registration fees, and possibly a use tax. Some states require vehicle inspections before finalizing registration.

Pros and Cons of Buying a Car in Another State

A great deal in another state might look tempting. But before making the leap, weigh the advantages and challenges.

Pros

Better Prices

Some states have lower sales tax and fewer fees. An out-of-state car dealer in a high-inventory area may offer discounts to move stock faster. If demand is lower in one region, you could save thousands compared to prices in your home state.

More Options

Shopping across state lines expands your choices. A larger market gives you more choices. It helps you find a rare SUV, a specific trim, or a low-mileage vehicle.

Access to Rare Models

Certain models sell it fast in some regions but stay available elsewhere. If a limited-edition or highly sought-after vehicle is hard to find locally, looking in another state may be the only way to get it.

Cons

Extra Fees and Paperwork

A private seller or an out-of-state vehicle dealer won’t handle registration for you. That means you are responsible for vehicle registration, use tax, and temporary plates. Each state has different rules.

Transport Costs

If you’re picking up the vehicle yourself, factor in gas, lodging, and mileage on the odometer. Shipping it? Costs vary based on distance but expect to pay anywhere from a few hundred to over a thousand dollars.

Hidden Risks

Without an in-person inspection, you rely on photos and history reports. Even with Carfax, issues like previous damage, emissions failures, or mechanical problems may not be reported. A thorough pre-purchase inspection is crucial because not all accidents or repairs are reported.

Contact Our Team of Legal Professionals with Further Questions

Buying a motor vehicle across state lines can get complicated. Paperwork, taxes, inspections— it’s easy to miss a step. If something doesn’t seem right or a dealership is making the process harder than it should be, you don’t have to figure it out alone.

Getting legal advice early can save time and frustration if it’s title delays, unexpected fees, or registration issues. If you need guidance on your next move, reach out. An attorney can review your situation and help you understand your options.

Contact our team today for a consultation. Know your rights before it’s too late.

UncategorizedMarch 20, 20250 comments

800-219-3577 Request Consultation

Author: Paul Mankin

“This Car’s Never Been in an Accident…”

Stories of Deception

Why Dealers Misrepresent Accident Histories

How Buyers Find Out the Truth

Why This Is Dangerous: Safety and Value

Document’s You’ll Need to Prove Misrepresentation

How California Law Protects You

Case Examples: From Clean Title to Total Loss

What You Can Do Next

We Handle These Cases Where Dealers Misrepresent the Vehicle’s Accident History

Why did my registration cost so much?

Customers Ripped Off by ‘Fees’

What Is the Vehicle License Fee and How It’s Supposed to Work

Why Dealers Overcharge: Small Numbers, Big Profits

Why It’s Theft, Not a Mistake

California Laws That Protect You

What You’ll Need to Prove It

What This Can Cost You: Financial and Legal Harm

What You Can Do Right Now

We Help Californians Recover What They’re Owed

A Common (and Costly) Scenario for California Car Buyers

Why Dealers Do This (And How They Get Away With It)

Real-Life Examples and Public Complaints

Additional Consumer Reviews That Reveal the Pattern

When Dealers Claim “Error Disclaimers”

How Online Tools and Algorithms Make It Worse

How to Protect Yourself — Before and After the Sale

1. Always Save the Advertisement

2. Confirm the Price in Writing

3. Bring a Witness or Record Your Visit

4. Double-Check the Final Paperwork

5. Re-check Ads After the Purchase

Legal Remedies and Enforcement Options

Frequently Asked Questions (FAQs)

Can a dealer legally raise the price after I agree to the ad?

What if the dealer says it was a pricing error?

Can I cancel the deal if I was misled?

Do I need a lawyer to fight this?

What evidence do I need to prove the dealer sold a vehicle for more than the advertised price?

Conclusion

10 Types of Auto Dealer Fraud Cases and What You Can Do About Them

1. Odometer Rollback

2. Bait-and-Switch Pricing

3. Hidden Fees in the Sales Contract

4. Selling a Lemon Without Disclosure

5. Financing Scams and Yo-Yo Sales

6. Tampering with Vehicle History

7. False Certified Pre-Owned Vehicle Claims

8. Low Trade-In Offers

9. Extended Warranty Pressure

10. Deceptive Advertising

Know Your Protections: State and Federal Consumer Laws

State Laws and Lemon Laws

Federal Laws Against Auto Dealer Fraud

What Are Your Legal Rights Under Car Dealership Laws?

How Accurate Are Carfax Reports? Understanding Their Reliability

Can a Carfax Report Be Faked? How to Spot a Fake Carfax

Altered PDFs

Fake Websites

Mismatched VINs

Incorrect Mileage

Unusual Formatting

No Service or Repair History

Cross-Check with Trusted Sources

Legal Options If a Dealership Lied About a Vehicle’s History

When Misleading Information Becomes Fraud

Buyer Protection Laws That Apply

How to File a Legal Complaint

What to Do If You Don’t Trust a Carfax Report

Get Legal Help If Needed

Reasons to Sue a Car Dealership

Misrepresentation of a Vehicle’s Condition

Bait-and-Switch Tactics

Hidden Fees and Unauthorized Add-Ons

Selling a Lemon Without Disclosure

Breach of Contract

Can You Sue for Deception or Misrepresentation? Your Legal Consumer Rights

When a Lawsuit Is Justified

Next Steps: Complaint or Lawsuit?