Use this template language for your dealer fraude carta de demanda:
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email]
[Date]
VÍA CORREO CERTIFICADO CON ACUSE DE RECIBO
[Dealer Name]
[Dealer Address]
[City, State ZIP]
Re: Demand for Rescisión/Daños - Vehicle Fraude
Vehicle: [Year Make Model]
VIN: [VIN Number]
Purchase Date: [Date]
Stock No.: [If known]
Dear [Dealer Name]:
NOTICE UNDER CALIFORNIA código civil SECTION 1782
This letter constitutes the notice required by código civil Section 1782(a) antes de filing suit under the Consumer Legal Remedies Act (código civil 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 fraude - 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/ley limón buyback]
4. A mechanic inspección revealed [undisclosed damage or defects]
VIOLATIONS OF LAW
Su conducta viola:
1. Vehicle Code Section 11713 (false statements by dealer)
2. código civil Section 1770(a)(5) (misrepresenting vehicle characteristics)
3. código civil Section 1770(a)(7) (representing goods are of a particular quality when they are not)
4. código civil 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 (prácticas comerciales desleales)
DAMAGES
As a result of your fraude, I have suffered the following daños:
- Overpayment for vehicle: $[Amount]
- Cost of reparaciones for undisclosed damage: $[Amount]
- Diminished value: $[Amount]
- Incidental expenses: $[Amount]
- TOTAL daños reales: $[Amount]
DEMANDA
de conformidad con código civil Section 1782, I demand that within thirty (30) days you:
OPTION 1 - RESCISSION:
1. Accept return of the vehicle
2. Reembolso the full purchase price of $[Amount]
3. Pay off or cancel the financing with [Lender Name]
4. Reembolso sales tax, registration, and document fees of $[Amount]
5. Reimburse my incidental costs of $[Amount]
OR
OPTION 2 - DAMAGES:
1. Pay actual daños of $[Amount]
2. Pay additional daños as appropriate under applicable law
CONSEQUENCES OF FAILURE TO CURE
If you fail to remedy this situation dentro de 30 días, I will file suit seeking:
- Rescisión or actual daños
- Treble daños under the CLRA for willful violación
- Punitive daños
- Abogado's fees and costs
- Any other relief the tribunal deems appropriate
I am also prepared to file demandas with:
- California Department of Motor Vehicles
- California Abogado General Protección al Consumidor Division
- Federal Trade Commission
Please respond in writing dentro de 30 días.
Atentamente,
[Your Signature]
[Your Printed Name]
Anexos:
- Vehicle History Report
- [List other evidencia]
cc: [Abogado, if retained]
[Your Name]
[Your Address]
[Date]
VIA correo certificado
[Dealer Name]
[Address]
Re: Federal Odometer Act Violación
Vehicle: [Year Make Model], VIN: [VIN]
Dear [Dealer]:
DEMANDA 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 evidencia - 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 inspección reveals wear inconsistent with stated mileage
This constitutes a violación 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 daños, OR $10,000, whichever is greater
- Reasonable abogado's fees and costs
Actual daños for odometer fraude = (Represented mileage value) - (Actual mileage value)
Using standard per-mile depreciation: $[Amount] actual daños
Treble daños (minimum $10,000): $[Amount]
DEMANDA
I demand payment of $[Amount] dentro de 30 días to resolve this matter without litigio.
If payment is not received, I will file suit in [tribunal], seeking treble daños, abogado's fees, costs, and any other available relief.
Atentamente,
[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 código civil 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. Violación of Vehicle Code 11713.1(e) - making buyer responsible for dealer's financing failure
2. Violación of CLRA - unfair and deceptive business practice
3. Potential theft/conversion if you repossess
DEMANDA
Le exijo que:
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 violacións
- Intentional infliction of angustia emocional
- Punitive daños
The vehicle will not be returned. Honor your contract.
Atentamente,
[Your Name]
cc: California Department of Motor Vehicles
[Abogado]