What Kind of Lawyer Do I Need to Sue a Car Dealership?

Purchasing a car is a significant investment, and when things go wrong with the dealership, it can leave you feeling frustrated, out of pocket, and unsure of your legal options.

Whether you’re dealing with a faulty vehicle, misleading sales practices, or a dealership that’s breached its contract, knowing the right type of lawyer to turn to is crucial.

In this guide, we’ll break down the different kinds of legal professionals who can help you sue a car dealership and how to go about choosing the right one for your situation.

What Type of Lawyer Handles Car Dealership Lawsuits?

When legal issues arise with a car dealership, your first thought might be, “Do I need a specialised lawyer?” The answer is yes.

The complexities of dealership disputes often require specific legal expertise to handle the case effectively.

The main type of lawyer you’ll want to seek out is a consumer protection lawyer.

A consumer protection lawyer specialises in cases involving deceptive or unfair business practices.

They’re well-versed in laws designed to protect consumers like yourself, ensuring that businesses, including car dealerships, are held accountable for any misconduct.

These lawyers can also represent you in cases involving violations of the Sale of Goods Act, which protects your rights as a buyer.

In some cases, particularly those involving defective cars, a lemon law attorney might be the best option.

Lemon law attorneys focus on cases where vehicles repeatedly fail to meet quality and performance standards, despite several repair attempts.

If you’re wondering what to do when a dealership sells you a faulty car, check out our page on what to do if a dealership sells you a faulty car in the UK for more detailed advice.

Common Legal Issues with Car Dealerships

It’s important to understand the range of legal issues that could lead you to sue a car dealership.

Below are some of the most common reasons why people take legal action:

• Fraud or Misrepresentation
  A dealership may misrepresent the condition, mileage, or history of a vehicle, which can be considered fraud. For instance, if a dealership advertises a car as “certified pre-owned” when it doesn’t meet the criteria, you have legal grounds to sue.
• Breach of Contract
  If the dealership fails to honour the terms of the contract you’ve both signed—whether it’s related to the warranty, repairs, or financing agreements—you can take legal action.
• Failure to Disclose Damage or Defects
  Some dealerships fail to disclose prior damage, accidents, or significant mechanical issues with a vehicle, leaving buyers stuck with a problematic car.
• Lemon Law Violations
  If you’ve purchased a new car and it has a substantial defect that can’t be repaired after multiple attempts, it could qualify as a lemon. In these cases, a lemon law attorney can help you get a replacement or refund.
• False Advertising or Unfair Sales Practices
  Any dishonest sales tactics, such as bait-and-switch advertising, can be legally challenged.

If you’re in this unfortunate situation, you might want to read our detailed guide on what to do if a dealership sells you a faulty car for more information.

Why You Need a Consumer Protection Lawyer

A consumer protection lawyer is your best bet when dealing with most legal issues involving car dealerships.

These lawyers specialise in protecting individuals from unfair business practices and can handle everything from fraud to breach of contract.

One of the key advantages of hiring a consumer protection lawyer is their in-depth knowledge of both federal and state consumer protection laws.

These laws are designed to safeguard buyers from unscrupulous businesses, including car dealerships.

Your lawyer can help you navigate the complexities of filing a lawsuit and can assist with negotiating a settlement or, if necessary, taking the case to trial.

Additionally, they’ll be able to gather and present the evidence needed to prove that the dealership acted unlawfully.

When to Hire a Lemon Law Attorney

If the issue you’re facing is with a faulty or defective vehicle, a lemon law attorney may be more appropriate for your case.

Lemon law attorneys specialise in cases where vehicles are repeatedly defective despite multiple repair attempts.

In the UK, lemon laws aren’t as clearly defined as in other countries like the United States, but you still have rights under consumer protection laws.

A lemon law attorney will help you determine whether your vehicle qualifies as a “lemon” and will guide you through the process of seeking a refund, replacement, or compensation.

How to Choose the Right Lawyer for Your Case

Choosing the right lawyer is crucial to the success of your case.

Here are some important factors to consider when making your decision:

• Experience
  Look for a lawyer who has a proven track record of handling cases similar to yours. Ideally, they should have experience with car dealership disputes and consumer protection law.
• Knowledge of State-Specific Laws
  Laws can vary depending on where you live, so it’s essential to choose a lawyer who understands the specific regulations in your area.
• Communication
  You want a lawyer who communicates clearly and regularly. They should be able to explain the legal process to you in a way that’s easy to understand.
• Fees
  Be upfront about fees and payment structures. Some lawyers work on a contingency basis, meaning they only get paid if you win your case. Others charge flat fees or by the hour, so it’s important to know what to expect.

How Much Does It Cost to Sue a Car Dealership?

The cost of suing a car dealership can vary greatly depending on the complexity of your case and the lawyer you choose.

Here are some common fee structures:

• Contingency Fees
  Many consumer protection lawyers work on a contingency basis. This means they only get paid if you win your case. Typically, the lawyer will take a percentage of the settlement or judgement as their fee.
• Flat Fees
  Some lawyers charge a flat fee for handling cases. This can be beneficial because you know upfront how much the legal services will cost.
• Hourly Rates
  In some cases, a lawyer may charge by the hour. Be sure to ask about any additional costs, such as filing fees or expert witness fees, that may arise during the case.

What to Expect When Suing a Car Dealership

Suing a car dealership can be a long and complex process.

Here’s a rough outline of what to expect:

1. Initial Consultation
   You’ll meet with your lawyer to discuss the details of your case. They’ll assess whether you have a strong case and what legal action to take.
2. Gathering Evidence
   Your lawyer will help you collect evidence to support your claim. This might include contracts, emails, repair records, and witness statements.
3. Filing the Lawsuit
   If negotiations with the dealership fail, your lawyer will file a formal lawsuit on your behalf.
4. Negotiation or Mediation
   In many cases, dealerships may prefer to settle out of court. Your lawyer will negotiate on your behalf to reach a fair settlement.
5. Trial
   If a settlement can’t be reached, your case may go to trial, where a judge or jury will decide the outcome.

If you’re curious about the process, check out our guide on how long it takes to service a car at a dealership for additional insights into dealership-related timelines.

Alternatives to Suing a Car Dealership

Before taking the step of suing a dealership, it’s worth considering alternative dispute resolution methods:

• Mediation
  A neutral third party can help both you and the dealership come to a mutually agreeable solution.
• Arbitration
  Some dealership contracts require disputes to be settled through arbitration rather than in court.
• Reporting the Dealership
  You can report the dealership to regulatory bodies such as the Trading Standards Office or the Financial Ombudsman Service.

Conclusion

Suing a car dealership can be a complex and daunting process, but with the right legal representation, you can protect your rights and potentially recover any financial losses.

Whether it’s a consumer protection lawyer or a lemon law attorney, finding the right lawyer is key to a successful case.

Make sure to choose someone experienced, knowledgeable, and transparent about fees to ensure you get the best possible outcome.

Are you looking to buy a new used car? Contact us today and we can help you!