A client recently contacted us about her purchase of a 2007 Chevrolet Impala in Fulton County. This vehicle would not pass emissions prior to and after the initial sale. The client was never told this information prior to her purchase of the vehicle. The dealer knew that this vehicle had not and could not pass emissions, but failure to disclose this information constitutes as auto sales fraud. The client would not have made the decision to purchase had she known about the Impala’s inability to pass emissions. The client was left without a vehicle as a means of transportation, even though she was making her biweekly payments to the dealer. In addition, the dealer did not remit our client’s payments to the financing company, causing the finance company to charge off the client’s account due to non-payment. Under Georgia statute, used motor vehicles dealers are liable for: “making any substantial misrepresentation,” “making any false promises of a character likely to influence, persuade, or induce..”, and “[t]he performance of any dishonorable or unethical conduct likely to deceive, defraud, mislead, unfairly treat, or harm the public.” Attorney T. Michael Flinn represented this client in the Superior Court of Fulton County and was able to get his client an award of $15,930 as compensatory and general damages. In addition, Mr. Flinn was successful in requesting the judge to make the dealer to pay for his attorney’s fees resulting in more money for our client. Finally, Mr. Flinn was also able to repair the damage done to our client’s credit due to the finance company.
If you think you have been a victim of auto fraud or you are a resident of a clean air county and were sold a vehicle without a valid passing emissions certificate, please contact our office at 770-832-0300 or visit our website to fill out an online form to request a free case review.