Friday, May 18, 2018

I made a bond claim on a car dealer… why am I getting sued?

If you have just been served papers (summons and complaint) from a car dealer’s bond, you’re probably already aware that Oregon car dealers are required by law to carry a bond. When a person is a victim of a car dealer’s fraudulent representations, he/she can make a claim on the dealer’s bond. If the bond receives multiple claims that exceed the amount of the bond, the bond company will initiate an action with the court and present the entire bond amount for the claimants to work out among themselves. That action is called an “interpleader”.

If the Complaint you have been served says “Interpleader” on it, you are likely named as a possible claimant to the bond and probably not being accused of doing something wrong. In Oregon, you must file an answer with the court within 30 days of receiving the Summons and Complaint to stake your claim to the bond. If you fail to file your answer on time, you may lose out on your claim to the bond altogether. If you need assistance filing an answer, or if you just want to discuss your options, you can contact Hanson and Walgenkim for a free consultation. 

Friday, April 27, 2018

Can I Sue a Car Dealership for Misrepresentation?

If you just bought a car and it’s not working as it should, you may be wondering if you can sue the dealership. If the dealership made a material misrepresentation in order to sell you the car, you might have a case.

There are many forms of misrepresentation. For example the dealer may have lied to you about the condition of the vehicle. You may have asked the dealer if your car was ever in an accident. If that car was in an accident and the dealer answered no, that lie is a misrepresentation. Another common misrepresentation is false advertisement, such as bait and switch. You might see a dealer advertise a car for one price, and then attempt to sell it for a higher price or attempt to sell you a different vehicle altogether.

Another misrepresentation that you can sue a dealership for is lying about the mileage. Federal and state laws require accurate disclosures of a vehicle’s mileage. If a dealer fails to tell the truth about the mileage, you might be able sue that dealer.

There are many more misrepresentations out there and it is something that happens every day. If you feel like a dealer made a misrepresentation please call for a free case evaluation today.