Auto Dealer Fraud: What It Is and How to Protect Yourself

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Picture driving off the lot in what feels like your dream car. The shine of factory-coated paint, the purring hum of the engine, and even that smell of new leather in the air make you proud of your accomplishment. After all, you deserve this treat after months and years of grinding hard. However, weeks later, this dream turns into a nightmare when hidden fees, traffic tickets, undisclosed damages, or other outright lies come to light.

Well, welcome to the world of auto dealer fraud, a deceptive practice that preys on unsuspecting buyers, fleecing thousands of dollars out of their pockets annually and leaving them frustrated.

Like any other nightmare, this suspicious practice demands knowing the signs and tactics used by fraudulent car dealers to rob you of your money and peace of mind. So, let’s peel back its layers and find out how to avoid it.

What’s Auto Dealer Fraud?

It’s the act of maliciously misrepresenting, omitting or concealing vehicular material facts to induce a buyer to purchase a car blindly. A shady auto dealer may commit this type of fraud by falsifying a car’s condition, age, mileage, and warranty status or excluding critical information about the vehicle that may, otherwise, negatively influence the buyer’s purchasing decision. These acts, seeming little, snowball into significant losses and legal headaches for the buyer.

How Does Auto Dealer Fraud Work?

Say you bought a used car advertised as “certified pre-owned.” The dealership assures you it has undergone thorough inspections and meets all quality standards. Unfortunately, you start noticing multiple issues after a month: transmission failures, rattling noises, rust on the suspension joints, mold under the seats, and debris trapped in the engine bay.

You take it to a certified auto repair shop, where they uncover the vehicle’s history of water damage, which hadn’t been properly repaired and, even worse, disclosed to you. There, you’ve been played. Other common tactics include:

  1. Odometer Rollback: Otherwise known as “bustling miles,” involves altering the odometer of a used vehicle to make it appear newer and more appealing.
  2. Add-ons and Overcharges: The dealer persuades you to purchase unnecessary services or add-ons—such as warranties, protection plans, or maintenance packages—that increase the cost but offer little value. These charges are often bundled into the initial price and later itemized as additional costs.
  3. Bait and Switch: A classic scam where the dealer advertises a specific car with particular features and pricing but switches it out for a different, lower-quality vehicle with inflated pricing when you arrive.
  4. Selling “New” Dealer Returns: Vehicles returned to the dealership due to defects or mechanical problems are deceptively sold as “new.”
  5. Paperwork Deceptions: The dealership manipulates a car’s title or loan documents, leading to higher monthly payments or other unfavorable terms for the buyer.

How Detrimental Is Auto Dealer Fraud to Buyers and Dealers?

A shocking 2024 report by the Federal Trade Commission’s (FTC) CARS Rule revealed that consumers lose billions of dollars annually to illegal practices like bait-and-switch tactics and junk fees in the auto sales industry. These scams often target first-time buyers who might not fully understand the complexities of car contracts and financing.

Of course, this isn’t without repercussions, especially if the buyer detects the fraud and decides to take action against the dealership. In California, for example, tampering with odometers could see the dealership facing civil penalties, including fines and restitution, and even losing its license, as per California Vehicle Code § 28051.

In line with California Civil Code § 1689, the buyer is within rights to cancel the sale and rescind the contract and may be entitled to recover damages if there’s proof the dealer acted in bad faith.

How to Avoid Auto Dealer Fraud

A car purchase is one of the biggest investments you’ll ever make, so it’s only smart to take precautions against all types of auto sales fraud, and that includes:

Do Your Homework on the Dealer

Before visiting any dealership, take your time to research its reputation online through Google, Yelp, Trustpilot, and the Better Business Bureau. Factor in unresolved complaints, poor ratings, and other red flags in your search to filter out potentially questionable dealerships.

For an extra layer of security, check with your state’s Department of Motor Vehicles (DMV) to verify the dealer’s legitimacy and license.

Ask the Right Questions

Always be direct in your inquiries. Questions like “Has this car been involved in any accidents?” or “What repairs have been done?” can reveal details the seller might otherwise withhold. Pay close attention to their answers and body language—hesitation or vague responses should raise concerns.

Request a Vehicle History Report

This comprehensive document intimates you with any car’s ownership history. It helps you understand critical factors like previous accidents, salvage titles, mileage discrepancies, rental or fleet usage, and even involvement in criminal investigations. You can even find out if they have traffic tickets and outstanding penalties that could hint at a history of violations, which could have caused unseen damage and impacted insurance rates and coverage eligibility.

If a dealer refuses to share this report or dismisses its importance, it’s a clear sign to walk away. Alternatively, you can obtain the report yourself through services like CARFAX or AutoCheck.

Inspect and Test Drive the Car

Never skip this step! Why? It helps you spot issues like mismatched paint (a sign of repairs), unusual odors (indicating water damage), or uneven tire wear (a potential alignment problem). Test-driving is equally important to ensure the car runs smoothly and handles well. Whenever possible, take the car to a trusted mechanic for a professional inspection—they can uncover hidden problems the dealer might not disclose.

Scrutinize the Contract

The devil, they say, is in the details, which holds water for contracts. So be sure to read the fine print of an auto sale agreement carefully (paying attention to fees, warranties, and return policies) before penning down your signature. If the terms don’t add up, ask for clarification or walk away altogether if the dealer pressures you to sign.

Conclusion

Dealing with an auto dealer might look scary, considering the prevalence of dealership scams. However, you can be safe and confident if you know how to spot the red flags, which this guide is all about. So, implement the tips discussed here, and you’ll have a smoother, less stressful experience.