Do I have a legitimate case against the dealership? Do I file a suit against them in small claims court?

UPDATED: May 27, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 27, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have a legitimate case against the dealership? Do I file a suit against them in small claims court?

Brought car into dealership for repairs. When I was told the repairs were done, I paid for the repairs but the car would still not start. They told me they would look it over. a few days later they called back and said the car is now running but that there are still problems that need to be fixed. Isn’t this fraud/extortion? I only agreed to the repairs because when I received my estimate, I was told that there was one problem with my car. Now they say that there are others. Secondly, I did not receive my car when they said that I would. It was not ready when told me that it was.

Asked on May 27, 2009 under Business Law, Wisconsin


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This sort of problem is too common.  However, whether there's anything to be done about it depends on many things, often the detailed facts, including the dealership's side of the story.  Also, the consumer protection laws in this area vary quite a bit from one state to another;  I don't practice in Wisconsin and my research didn't tell me anything.  So, you need to discuss this with an attorney in your area, to get a meaningful idea of your rights.  One place to look for a lawyer is our website,

Sometimes, one mechanical issue a car has can't be found until another one is fixed.  Sometimes, it isn't fraud, although it might be incompetence -- and there is usually a big difference, in the eyes of the law.  Sometimes, though, it is fraud.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption