[Irace86.2.0]

My wife and I visited my niece and other in-laws, and I found out my 18 year old niece bought a used car and clearly was taken advantage of by the dealer. First off, I understand there is little recourse for being a sucker, but there is being a sucker, and there is clear fraud, and this seems closer to fraud. Pretty shocked she didn’t have me take her car shopping, but it is too late for that.

I’m going to go down to the dealer on Monday and try to see if we can return the car, but ai doubt that will happen. I doubt much will happen, but here is what I know.

2008 Chevy Malibu with leather and the 3.6 V6 with over 200k miles. She put down $4k and owes $3-3.5k. She drove the car off the lot and later that day the check engine light comes on. She asked if she should be getting copies of the paperwork, and he said no. He apparently gave her just check box non-legal paperwork. She doesn’t know her interest rate. She doesn’t know who her loan is through. She doesn’t have proof of smog. She doesn’t know if she paid a gap fee. She was offered a standard two day return for $500, which seems high considering the price of the car, but she didn’t get it and it has been 6 days anyway. The car price seems high given the condition, so I think he might have added on extra fees, but I don’t know because he didn’t give her paperwork. Like she knows nothing. He didn’t provide her credit score. She thinks payments go to him, so I don’t know if he finances against his business, but It seems sketchy. She didn't have a license at the time or insurance, and he let her take possession of the vehicle.

He probably saw a young girl and saw a sucker. It would be one thing if she just didn’t get a good deal, but this is sketchy.

Technically California law says the dealer has to disclose all extra fees. The law says the buyer can try to smog the car, but if it fails the the smog fee and the repairs are the financial responsibility of the seller. Any interest paid to the dealer in surplus of the interest by the bank can’t be greater than 2.5%. The dealer needs to provide a copy of the bill of sale to the buyer. The dealer has to disclose any problems; to me, they cleared the CEL then sold the vehicle. Apparently he said if it has problems that he would fix it, which says to me he knew something was wrong and didn’t disclose the problem.

I want to have him return the vehicle for a refund. If he doesn’t then I suppose we can get the repairs done and bill him or pursue him in small claims court. I can contact the Better Business Bureau, leave a Yelp review and have my mother in law write an article in the local paper because she is a journalist, but I would rather not go that route.

Is there any other legal recourse I am missing? I’m sure he will deny a return and take his chances with someone following through with legal action. I doubt he will be reasonable.