All of These Lies Car Sellers Tell Buyers Are Legal
I talk to disgruntled car buyers all day long at my law practice and can assure you I have heard every story about how car buyers get duped. The stories I hear often contain common and repeated themes. And by themes, I mean lies told by the seller. The problem is that most of the lies I hear about are not illegal. Which means you can't do much, if anything, about them. It is best to avoid falling for them in the first place. And here they are:
"This is a good price for the car." I hear quite often from buyers who paid too much for a car after not doing any research before they shopped and relied on the seller's word that the price they were getting was a good one. With the internet, there is no excuse for anyone to fall for this. Do your homework before you shop and know what a good price is before you set foot on the lot.
"This is the last one in this area." Yes, the car you are looking at–regardless of how it is equipped–is the last one like it in the tri-county area. Better buy it fast! Nowadays, it is very easy for a dealer to look up inventory and find cars in the next county or several counties over and if need be, they can dealer-trade for anything if they are motivated to help you. If you hear this one, make a couple of phone calls and find out what other dealers have to say about it. You'd be surprised at how many of those "unique" cars are out there.
"This car runs well," and/or "We inspected it." Unless the seller took the car for a good shakedown test drive, he or she probably has no idea how that car runs–or any other cars on the lot for that matter. This is something they just say to hear themselves talk. And if they inspected it, who cares? They inspected it for their benefit, not yours. Sadly, I hear from at least one person a week who wants to know about suing a seller who "inspected" a used vehicle and talked the buyer out of doing an inspection because of it. You need to test drive the vehicle AND have it inspected by someone who knows what they are doing. Nothing the seller says can replace this.
"You are required to buy the following things along with your car." Usually this is said to sell you rust proofing, fabric protection, paint sealant and any number of other imaginary and unnecessary things dealers sell. It might also be used to pitch you GAP insurance or to try and get you to use the dealer's favorite lender for financing–when you can just as easily get your own financing from your credit union or bank. Just stand your ground on these.
"If you have problems, bring it back to us" [on a used car]. That as-is car you just bought has all kinds of things written about it in the papers they handed you at the sale. Nowhere did they write down, "Bring it back to us and we will fix it," did they? That verbal statement of the seller will not negate all of those disclaimers. When the seller says this one, nod along but realize it is meaningless.
"We'll give you top dollar on your trade." There is no way to prove or disprove this other than to shop around. Study what your car is worth, be reasonable, and find out who will give you the best deal.
Wondering how to protect yourself from the foregoing statements and lies told by dealers? Anytime the seller says anything you think is important, ask if they can add it into the Purchase Agreement. There is usually an "Other Terms" box precisely for things like this, if they intended to abide by them. Which they don't. And which is why they won't let you add it to the Purchase Agreement. But at least you can have a great moment when the salesperson has to back pedal and explain why his Oh-so-truthful statement or promise cannot be written down. You will also realize at that moment–before the deal is signed–what you can count on and what you cannot.
Steve Lehto is a writer and attorney from Michigan. He specializes in Lemon Law and frequently writes about cars and the law. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. He also has a podcast where he talks about these things.
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