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Consumer Auto Fraud

Don’t worry, our experienced auto fraud attorneys will help you recover your losses.

Auto fraud occurs when a dealership, a private seller, or a vehicle manufacturer misrepresents a vehicle’s condition, history, or financial terms to deceive a buyer just like you. Unlike a simple mechanical issue or dissatisfaction with a purchase, which is usually not the fault of the seller, auto fraud involves intentional deception (either by lying or not revealing certain facts) to get more money from buyers or offload problematic cars and trucks.

Lemon Laws primarily apply to new vehicles that have the same recurring defects, making them unsafe or inoperable despite multiple repair attempts. On the other hand, auto fraud can apply to both new and used vehicles and usually focuses on fraudulent sales tactics.

From lying about a vehicle’s condition to getting you into a financial contract with hidden fees, we’ve seen it all. If you believe you’ve bought a vehicle under false pretenses, you may have a strong auto fraud claim, regardless of whether the vehicle is new, used, or “As-Is.”

Auto fraud takes many forms, from false advertising to outright deception regarding a vehicle’s history. Here are some of the most common scams affecting car buyers in Colorado:

Odometer Rollback Fraud

Some unscrupulous sellers will illegally alter the vehicle’s odometer reading (often known as “winding back the clock”) to reduce the recorded mileage, making the car appear less used than it actually is. This fraudulent practice inflates the vehicle’s value and deceives buyers into believing they are purchasing a car with significantly less wear and tear.
This is, of course, very dangerous as your vehicle may require much-needed repairs (a new timing belt, brake pads, bushings, shocks) that you think are thousands of miles down the road.

What’s more, contrary to popular belief, modern digital odometers can still be manipulated, and a history report doesn’t always catch these alterations.

Title Washing

This scheme involves sellers removing negative information from a vehicle title, such as “salvage” or “flood damage,” to make it appear clean. (For example, a lot of vehicles that were water damaged in Hurricane Katrina hit the market with washed titles.)

This practice allows dealerships and private sellers to pass off previously totaled or water-damaged vehicles as safe and reliable, and charge much more for the vehicle than it’s actually worth. Sadly, buyers often discover title washing only after experiencing mechanical failures or attempting to resell the vehicle.

Bait-and-Switch Tactics

Bait-and-switch is actually an outlawed advertising scam that is prevalent in many industries, and you may well have heard of this term. When it comes to vehicles, the dealership will advertise a car or truck at a price that appears too good to be true.

Of course, once you’re on the lot that vehicle is no longer available. But you’ll then be pressured into buying a different, more expensive vehicle instead. These tactics often include aggressive up-selling and misrepresentation of financing terms, and are highly illegal. However, slick dealers can disguise these practices with a heavy dose of charm and deception.

False Advertising & Misrepresentation

This is a little different from the bait-and-switch practice outlined on this page. In this case, a dealership could falsely claim that a vehicle is in excellent condition, has never been in an accident, or has certain premium features that it doesn’t have.

Financing terms may also be misrepresented, with unexpected fees or higher interest rates hidden in the small print of the contract. Buyers often sign paperwork under the assumption that they’re getting what was advertised, only to realize later that they have been misled. And by then, they think it’s too late. But in many instances, our top auto fraud lawyers can help.

Undisclosed Mechanical Defects

Some sellers will knowingly conceal mechanical defects, sometimes very serious ones, selling cars with pre-existing damage or unaddressed safety issues. Common undisclosed defects include engine failure, transmission problems, electrical malfunctions, and even frame damage. Buyers can be responsible for paying thousands of dollars in unexpected repair costs, and even worse, be involved in accidents that arise from these defects.

Yo-Yo Scheme

Some dealerships will have you sign all the financial documents stating that you have a loan. Then, a few days later, after the buyer has shown off the vehicle to all of her friends, the dealership will call and tell the buyer that financing fell through and the buyer has to either give more down payment, agree to a higher interest rate, or both. Buyers who do not know their rights will fall for this scheme and end up paying more than they originally agreed to.

If any of the following scenarios sound familiar, you may have a strong case for auto fraud:

You were misled about a vehicle’s history or condition.

If a seller provided false information about prior accidents, mileage, or mechanical issues, you may have grounds for a claim.

You were sold a car with undisclosed damage.

If you later discovered structural damage, water damage, or a history of serious repairs, you may be entitled to compensation.

The odometer reading seems suspiciously low.

If you suspect odometer fraud, an inspection and records search can help uncover the truth.

You purchased a vehicle “As-Is,” but major details were hidden.

Even if you signed an “As-Is” agreement, sellers are still required to disclose known defects and must not engage in fraudulent misrepresentation.

The dealership engaged in bait-and-switch tactics.

Were you pressured into a purchase after being deceived about the availability or price of a different vehicle? Then legal action may be warranted.

Your Legal Rights Under Colorado Consumer Protection Laws

Colorado law protects car buyers just like you from deceptive practices. It’s called the Colorado Consumer Protection Act (CCPA) and prohibits odometer fraud, title washing, bait-and-switch tactics, and misrepresentation of a vehicle’s history or condition. If a dealership or seller engages in fraud, you may be entitled to full compensation, including refunds, damages, and attorney fees. Even “As-Is” sales don’t shield sellers from liability if fraud was involved.

How to Document Fraud for a Successful Claim

As with any legal issue, robust documentation is key to proving fraud. Keep all purchase agreements, financing documents, vehicle history reports, warranties, and advertisements. If you suspect fraud, you can easily obtain a BadVin or EpicVin report, and it may be a good idea to get an inspection done by an independent mechanic. You should also save all emails, texts, and voicemails from the seller, especially those that include misleading promises. And take as many photos and videos of defects as you can. Our team will help you organize all of this valuable evidence to ensure you have a watertight case.

First and foremost, we have extensive experience in auto fraud. Our legal team has decades of combined experience handling auto fraud claims and consumer protection cases, and we’re passionate about what we do. To date, we’ve successfully recovered hundreds of thousands of dollars in compensation for clients who were misled or defrauded by dealerships and private sellers.

What’s more, when you choose The Bayas Firm, you have the backing of the entire law firm, with our whole team of auto fraud attorneys dedicated to getting you the best result. And as we’re based in Colorado, you can rest assured you’re getting local, dedicated help from attorneys who have a deep understanding of Colorado’s consumer protection laws.

If you believe you’ve been a victim of auto fraud, you have several financial reimbursement options open to you. These include:

1. A Full Refund or Vehicle Replacement

If you win your case, the courts can order the seller to completely refund your purchase (which includes taxes, registration, and financing charges) or pay you the difference between the value of the car you thought you were buying and the value of the car you actually bought.

2. Punitive Damages

You may have heard this term used during serious, and famous, legal court cases. Punitive damages are meant to punish a defendant for their egregious and/or fraudulent behavior and also deter future illegal misconduct. In auto fraud cases, punitive damages could be awarded if the court believes a dealership, private seller, or manufacturer engaged in intentional deception, fraud, or reckless disregard for your rights. These damages hold bad actors accountable and send a strong message that fraudulent practices will not be tolerated.

3. Reimbursement or Repair Costs

Did you spend money out of pocket to fix undisclosed defects and mechanical issues? If so, you may also be entitled to additional compensation covering those expenses.

4. Coverage of Legal Fees

There’s no reason you should be on the hook for legal fees due to a dealership or manufacturer’s fraudulent actions. Therefore, if the seller is found guilty, they will most likely be responsible for covering your attorney’s fees.

If you believe you’ve been the victim of auto fraud, don’t wait any longer. The sooner you take action, the stronger your case will be.

Raina Bayas

CEO & Lead Trial Lawyer

We know it can be daunting to get involved in any kind of legal action, especially when you’re up against a big auto manufacturer or dealership. That’s why we’ve made the process as simple as possible, using three steps:

1

Case Review

We assess your case, review any initial documentation you have (including sales receipts, text messages, emails, repair records, and so on), and determine whether you have a claim.
2

Investigation and Evidence Gathering

If we determine that you have a valid auto fraud claim, our top attorneys will do a deep dive into your case to compile extensive proof of fraud. This includes any initial documentation you have provided, plus evidence such as sales records, odometer reports, and expert independent assessments.
3

Negotiation or Lawsuit Filing

With a complete record of your auto fraud case, we will then proceed to aggressively resolve it through settlement negotiations or, if necessary, court action. In our experience, most cases are usually resolved swiftly without litigation, but we’re fully prepared to fight for your rights in court if that’s what’s required to get you the best possible outcome.

Client testimonials can provide you with valuable insights into what you can expect when working with The Bayas Firm. Here are a few real stories from real Colorado drivers we’ve successfully represented.

What Should I Do If I Suspect Auto Fraud?

Gather all documentation related to the sale, including contracts, emails, and VIN reports. Contact an attorney as soon as possible to explore your legal options.

Can I Sue If I Signed An “As-Is” Agreement?

In many cases, yes, you can. If the dealership knowingly misrepresented your car or truck’s condition in any way, or engaged in deception and/or fraud, you may still have a valid claim. “As-Is” is not a license to lie about a vehicle and get away with it.

How Long Do I Have To File An Auto Fraud Claim In Colorado?

The statute of limitations for auto fraud claims in Colorado is usually three years, but it’s crucial to take action as quickly as possible before any evidence is lost.

What If The Dealership Refuses To Refund Me?

First, don’t panic. While some dealerships can be difficult and refuse to issue a refund or even talk to you about it, the law is on your side. Colorado consumer protection laws prohibit fraudulent and deceptive sales practices, and with an expert auto fraud attorney in your corner, you’ll be armed to take on the stubborn dealership and win.

Do I Need A Lawyer For An Auto Fraud Case?

Technically, no, it’s not required. But taking on auto manufacturers and dealerships without an experienced auto fraud lawyer is almost guaranteeing a loss. You’ll be up against highly-paid legal teams that know how to navigate these cases and throw curveballs at you. Our experts do this day in, day out, and know all the tactics that will be deployed. We know how to fight and get you compensation.

If you believe you’ve been the victim of auto fraud, don’t wait any longer. The sooner you take action, the stronger your case will be.