Use this template language for your dealer fraud demand letter:
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email]
[Date]
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED
[Dealer Name]
[Dealer Address]
[City, State ZIP]
Re: Demand for Rescission/Damages - Vehicle Fraud
Vehicle: [Year Make Model]
VIN: [VIN Number]
Purchase Date: [Date]
Stock No.: [If known]
Dear [Dealer Name]:
NOTICE UNDER CALIFORNIA CIVIL CODE SECTION 1782
This letter constitutes the notice required by Civil Code Section 1782(a) prior to filing suit under the Consumer Legal Remedies Act (Civil Code Sections 1750 et seq.). This letter is also demand for relief under California Vehicle Code Section 11713 and the Federal Odometer Act (49 U.S.C. 32701 et seq.).
FACTS
On [Purchase Date], I purchased the above-referenced vehicle from your dealership for a total price of $[Amount]. Your salesperson, [Name], represented that:
[List all representations made - e.g.:]
1. The vehicle had never been in an accident
2. The odometer reading of [XXX,XXX] miles was accurate
3. The vehicle had a clean title with no salvage or other brands
4. The vehicle was in excellent mechanical condition
5. [Other representations]
FRAUD DISCOVERED
On or about [Discovery Date], I discovered these representations were false:
[Detail the fraud - e.g.:]
1. A Carfax report reveals the vehicle was in a major collision on [Date] with $[Amount] in damage
2. Service records show the vehicle had [higher mileage] on [earlier date]
3. The vehicle has a branded title due to [salvage/flood/lemon law buyback]
4. A mechanic inspection revealed [undisclosed damage or defects]
VIOLATIONS OF LAW
Your conduct violates:
1. Vehicle Code Section 11713 (false statements by dealer)
2. Civil Code Section 1770(a)(5) (misrepresenting vehicle characteristics)
3. Civil Code Section 1770(a)(7) (representing goods are of a particular quality when they are not)
4. Civil Code Section 1770(a)(9) (advertising goods with intent not to sell as advertised)
5. 49 U.S.C. 32703 (odometer tampering) [if applicable]
6. Business & Professions Code Section 17200 (unfair business practices)
DAMAGES
As a result of your fraud, I have suffered the following damages:
- Overpayment for vehicle: $[Amount]
- Cost of repairs for undisclosed damage: $[Amount]
- Diminished value: $[Amount]
- Incidental expenses: $[Amount]
- TOTAL ACTUAL DAMAGES: $[Amount]
DEMAND
Pursuant to Civil Code Section 1782, I demand that within thirty (30) days you:
OPTION 1 - RESCISSION:
1. Accept return of the vehicle
2. Refund the full purchase price of $[Amount]
3. Pay off or cancel the financing with [Lender Name]
4. Refund sales tax, registration, and document fees of $[Amount]
5. Reimburse my incidental costs of $[Amount]
OR
OPTION 2 - DAMAGES:
1. Pay actual damages of $[Amount]
2. Pay additional damages as appropriate under applicable law
CONSEQUENCES OF FAILURE TO CURE
If you fail to remedy this situation within 30 days, I will file suit seeking:
- Rescission or actual damages
- Treble damages under the CLRA for willful violation
- Punitive damages
- Attorney's fees and costs
- Any other relief the court deems appropriate
I am also prepared to file complaints with:
- California Department of Motor Vehicles
- California Attorney General Consumer Protection Division
- Federal Trade Commission
Please respond in writing within 30 days.
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures:
- Vehicle History Report
- [List other evidence]
cc: [Attorney, if retained]
[Your Name]
[Your Address]
[Date]
VIA CERTIFIED MAIL
[Dealer Name]
[Address]
Re: Federal Odometer Act Violation
Vehicle: [Year Make Model], VIN: [VIN]
Dear [Dealer]:
DEMAND UNDER FEDERAL ODOMETER ACT (49 U.S.C. 32701-32711)
On [Date], I purchased the above vehicle from your dealership. At the time of sale, the odometer read [XXX,XXX] miles, and you provided an Odometer Disclosure Statement certifying this mileage.
ODOMETER FRAUD DISCOVERED
I have discovered that this odometer reading was false:
[Provide evidence - e.g.:]
1. Service records from [Source] dated [Date] show mileage of [Higher Amount]
2. Carfax/AutoCheck reports show mileage inconsistency on [Date]
3. Mechanical inspection reveals wear inconsistent with stated mileage
This constitutes a violation of 49 U.S.C. 32703, which prohibits odometer tampering and false disclosure.
DAMAGES
Under 49 U.S.C. 32710, I am entitled to recover:
- THREE TIMES actual damages, OR $10,000, whichever is greater
- Reasonable attorney's fees and costs
Actual damages for odometer fraud = (Represented mileage value) - (Actual mileage value)
Using standard per-mile depreciation: $[Amount] actual damages
Treble damages (minimum $10,000): $[Amount]
DEMAND
I demand payment of $[Amount] within 30 days to resolve this matter without litigation.
If payment is not received, I will file suit in [court], seeking treble damages, attorney's fees, costs, and any other available relief.
Sincerely,
[Your Name]
[Your Name]
[Your Address]
[Date]
[Dealer Name]
[Address]
Re: Rejection of Demand for Vehicle Return
Vehicle: [Year Make Model], VIN: [VIN]
Contract Date: [Date]
Dear [Dealer]:
I am in receipt of your letter dated [Date] demanding that I either return the vehicle or sign a new contract with different financing terms. I reject this demand.
BINDING CONTRACT EXISTS
On [Date], I purchased the above vehicle and signed a Retail Installment Sales Contract. I provided a down payment of $[Amount], took possession of the vehicle, and have been making payments. This contract is binding.
YOUR OPTIONS WERE CLEAR
The contract states that financing is "subject to approval." However:
1. You allowed me to take delivery of the vehicle
2. You accepted my trade-in and down payment
3. You registered the vehicle in my name
4. [Number] days have passed since the sale
Under California Civil Code Section 2983.35 and established case law, you cannot unilaterally cancel a completed sale merely because you were unable to assign the contract to a third party.
ILLEGAL CONDUCT
Your demand constitutes:
1. Violation of Vehicle Code 11713.1(e) - making buyer responsible for dealer's financing failure
2. Violation of CLRA - unfair and deceptive business practice
3. Potential theft/conversion if you repossess
DEMAND
I demand that you:
1. Cease all demands for the vehicle's return
2. Cease all threats of repossession
3. Honor the original contract terms
4. Confirm in writing that the sale is final
If you attempt to repossess this vehicle, I will immediately contact law enforcement and file suit for:
- Conversion/theft
- CLRA violations
- Intentional infliction of emotional distress
- Punitive damages
The vehicle will not be returned. Honor your contract.
Sincerely,
[Your Name]
cc: California Department of Motor Vehicles
[Attorney]