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Automotive Fraud, Dealer Fraud and Repair Fraud

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In California, Dealership Fraud and Repair Fraud are so common that many employees in the automotive business may not even know that their exaggerations or omissions are illegal. Whether intentional or simply through negligence, The California Civil Code protects Auto Buyer's from being misled.

Repair and Dealer Fraud in California applies to all vehicles and transactions and is defined by the Civil Code as follows:

California Civil Code Section 1572

Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:

  1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
  2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
  3. The suppression of that which is true, by one having knowledge or belief of the fact;
  4. A promise made without any intention of performing it; or,
  5. Any other act fitted to deceive.

 

California Civil Code Section 1573

Constructive fraud consists:

  1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,
  2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

 

The Law Offices of Robert Mobasseri provide free case evaluations and a review of documents to help make sure consumers' rights are protected from all forms of Automotive Fraud including Dealer Fraud and Repair Fraud. If you believe you may be a victim of fraud then don’t hesitate to give us a call at (888) 536-6628 or fill out our free, no obligation Vehicle Fraud Review Form and we will be happy to contact you back to discuss your Auto Fraud options!

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