What is covered on the UDAP?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is covered on the UDAP?
I bought a used car “as is” from a dealership. The vehicle currently has 94k miles on it and I have had the vehicle for only 4 months. The transmission went out. I feel as if the dealer knew about the bad transmission because they knew about other major problems of the vehicle and did not tell me until I took it to them to get fixed. Also, I feel like they knew because they told me when I bought the car they do detailed inspections of all vehicles before selling them. I need to know if the UDAP law will help me in any way?
Asked on November 27, 2011 under General Practice, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
UDAP, also known as "Unfair and Deceptive Acts and Practices" is both a federal statute as well as state statute in many states in this country. UDAP prohibits unfair and deceptive practices by a business with respect to the sale of products or services to a consumer.
The statute is broadly worded where any act that could be deemed deceptive, false, or morally wrong could be covered under the statute.
If you can demonstate that the dealership knew about significant problems with the vehicle that you purchased and failed to disclose to you these significant problems before you purchased the vehicle, very well there could be a UDAP violation. The issue that I see is that you have the burden of proving that the dealership knew of problems with the vehicle and failed to dislcose such to you before the purchase.
This can be a difficult thing to prove for the consumer such as you.
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 AttorneyPages.com 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.