Auto fraud litigation · Vermont
Vermont Auto Fraud Attorney: We Sue Car Dealers for Vermont Buyers
Sue Your Dealer – A Law Firm is a Vermont auto fraud attorney for buyers who were lied to about a car, charged more than the advertised price, or had a vehicle repossessed without the right to. Attorney Joshua Feygin is admitted in Vermont and brings claims under the Vermont Consumer Protection Act, the Federal Odometer Act, and Vermont's title and repossession statutes for the buyer, not the dealer.
Vermont dealer fraud, at a glance
Vermont Dealer Fraud Law at a Glance
How it works
How Does a Vermont Dealer Fraud Case Proceed?
1
Free case evaluation
Tell us what happened and upload the buyer's order, contract, odometer statement, and any ads or messages. An attorney reviews it in the order received.
2
Document review and demand
If we can assist, you sign a retainer by email. We pull the title history and send the dealer a written demand laying out the statute it violated and what it owes.
3
Settlement or suit
Most dealers respond to the demand. If not, we file in the Vermont Superior Court. Some cases proceed on contingency, with the firm seeking its fees from the dealer where the statute allows; others are handled on a flat-fee or hourly basis, set out in the retainer agreement.
What Counts as Dealer Fraud Under Vermont Law?
Vermont protects car buyers with one broad rule rather than a checklist. The Vermont Consumer Protection Act, 9 V.S.A. chapter 63, declares unfair or deceptive acts or practices in commerce unlawful in section 2453(a), and section 2453(b) directs Vermont courts to read that phrase the way federal courts read Section 5 of the FTC Act. For you, that means a dealer that misstated the car's history, buried a fee, or advertised one price and charged you another may have committed a deceptive act, even though no statute names that exact trick.
The Attorney General's rules can make deception easier to prove
Section 2453(c) lets the Attorney General adopt consumer protection rules, and section 2453(d) makes a violation of any of them prima facie evidence of an unfair or deceptive act. Two rules matter to you as a car buyer. Consumer Protection Rule CP 118 governs automobile advertising: under CP 118.04, the advertised price must be the actual total purchase price excluding only tax, registration, and title fees, and the dealer must sell at or below that price to every customer, whether or not they saw the ad. CP 108 governs odometer statements: a dealer must give the buyer a signed written odometer statement before any transfer document is signed, and must say so when the actual mileage is unknown.
Title and disclosure statutes
Section 2093 of Title 23 requires a seller to disclose, orally and in writing before the sale, that a vehicle was salvaged, totaled, or rebuilt, and to put that disclosure on the bill of sale and the title. Section 1704a of Title 23 makes it an offense to sell a vehicle with an altered odometer without disclosure, to tamper with an odometer, or to willfully misstate the mileage on an odometer statement, title, or bill of sale.
Federal law applies in Vermont too
The Federal Odometer Act, 49 U.S.C. § 32705, requires a written mileage disclosure on every covered transfer, and 49 U.S.C. § 32710 gives the buyer the greater of three times actual damages or $10,000, plus attorney's fees, when the violation was made with intent to defraud. The FTC Used Car Rule, 16 C.F.R. Part 455, requires the Buyers Guide on every used vehicle a dealer offers and makes it part of the sales contract.
What Kinds of Cases Does a Car Dealer Fraud Lawyer in Vermont Handle?
Eight claim types we bring for Vermont buyers, under Vermont's statutes and the federal law that applies to every sale in the state.
Odometer rollbacks
A mileage figure on the title, odometer statement, or bill of sale that is lower than the car's true mileage. The Federal Odometer Act supplies the remedy; 23 V.S.A. § 1704a and Rule CP 108 supply the Vermont violation.
Undisclosed salvage, totaled, or rebuilt title
23 V.S.A. § 2093 requires oral and written disclosure before the sale. If the dealer skipped it, section 2093(c) allows the buyer to seek a full refund of the purchase price, including taxes and fees. How a hidden brand shows up in the title history is covered in undisclosed branded title.
Undisclosed prior rental or fleet use
Vermont's protection here comes from the Consumer Protection Act itself. A dealer that represented a former rental or fleet car to you as a one-owner trade, or stayed silent when you asked, may have committed a deceptive practice under 9 V.S.A. § 2453 measured by FTC Act standards.
Dealer fees and the advertised price
Under Rule CP 118.04, the advertised price is generally the price the dealer must honor. A documentation fee, reconditioning charge, or add-on stacked over it can be prima facie evidence of a deceptive act under section 2453(d).
Spot delivery and yo-yo financing
The dealer let you take the car, then called days later to say financing fell through and demanded worse terms, or the car back while keeping your trade-in or deposit.
Wrongful repossession
9A V.S.A. § 9-609 allows self-help repossession only without a breach of the peace. Sections 9-611 and 9-614 require a notice before the car is sold, and section 9-625 sets minimum damages for consumer-goods violations.
GAP premium fraud
You paid for GAP in the contract, the dealer never forwarded the premium, and after a total loss you were left with the balance the coverage was supposed to pay.
Trade-in payoff not made
Vermont law treats the payoff promise as part of the deal. A dealer that took your trade, promised to pay off the old loan, and let it go delinquent may have misrepresented the transaction under section 2453. Credit-reporting fallout goes to Sue Your Credit Report.
Manufacturer warranty and lemon law claims under 9 V.S.A. chapter 115 go through the Vermont Motor Vehicle Arbitration Board and are handled by our sister firm, Lemon Aid Firm. One exception stays here: a dealer that resold a lemon-law buyback without the window sticker and title notice section 4181 requires has a dealer fraud problem.
What Can You Recover Against a Vermont Dealer?
Section 2461(b) of Title 9 is your private remedy under the Vermont Consumer Protection Act. A consumer who contracted for goods in reliance on a false or fraudulent representation, or on a practice prohibited by section 2453, may sue for:
- Damages, or the consideration given. The statute allows recovery of the amount of the damages or the consideration or the value of the consideration given, which for a car buyer generally means what was paid for the vehicle.
- Exemplary damages up to three times the consideration. Section 2461(b) authorizes exemplary damages not exceeding three times the value of the consideration the consumer gave. Whether a court awards them depends on the dealer's conduct.
- Reasonable attorney's fees. Fee shifting is why a claim over a $700 documentation fee can be brought at all.
- Equitable relief, including unwinding the sale where that is the appropriate remedy, and a jury trial under section 2461(c) unless waived.
Section 2461(b) also makes any language, written or oral, that purports to waive these remedies unenforceable. Two statutes add their own remedies: the Federal Odometer Act's floor of $10,000 or three times actual damages, plus fees, under 49 U.S.C. § 32710; and for a repossession that violated Article 9, 9A V.S.A. § 9-625(c)(2) sets a minimum recovery for consumer goods of the credit service charge plus 10 percent of the principal.
Vermont dealers post a bond of $20,000 to $35,000 under 23 V.S.A. § 453, but the statute limits it to fees and taxes the dealer collected and failed to remit to the Commissioner. It is not written as a source of recovery for a buyer who was defrauded, so your recovery generally comes from the dealer itself under section 2461.
Dollar figures above are statutory amounts set by law, not results in any case. What any client recovers depends on the facts, the documents, and the dealer's ability to pay.
How Do You Sue a Car Dealer in Vermont?
- Evaluation and document review You submit the buyer's order, retail installment contract, Buyers Guide, odometer statement, title paperwork, the ad, and your messages with the dealer through the free case evaluation. An attorney matches the facts to the statutes. If we can assist, you receive an intake questionnaire and a retainer agreement by email.
- Demand and preservation letter Section 2461 does not require a pre-suit demand before you file. We send one anyway: it puts the dealer on notice, demands preservation of the deal jacket and reconditioning records, and gives the dealer a chance to resolve the matter before litigation costs mount.
- The Attorney General complaint In parallel, we often file with the Attorney General's Consumer Assistance Program (800-649-2424), which mediates complaints and keeps a complaint history on every Vermont business. CAP cannot award damages or fees, but a documented complaint matters to the AG's enforcement decisions. The Vermont DMV's Business Services Section, under DMV Enforcement and Safety, investigates dealer conduct under 23 V.S.A. chapter 7.
- Filing suit If the dealer will not make it right, we file in the Civil Division of the Vermont Superior Court in the county where the sale occurred, or in the United States District Court for the District of Vermont when a Federal Odometer Act claim supports federal jurisdiction. Where the contract has an enforceable arbitration clause, the same claims proceed in arbitration.
- Discovery, resolution, and fees The deal jacket, the auction condition report, the prior title records, and the advertising are where the case is built. Cases resolve by agreement, at trial, or at a final arbitration hearing. In most cases we accept, you pay nothing up front; we seek fees from the dealer under 9 V.S.A. § 2461(b) or 49 U.S.C. § 32710, and the retainer agreement sets out what happens to fees and costs at settlement.
Vermont's general civil-action statute (12 V.S.A. § 511) and the Federal Odometer Act (49 U.S.C. § 32710(b)) each set their own deadline, and the clock can start earlier than people expect. Which deadline applies to a particular purchase depends on the claim and the facts, and is a question for an attorney who has reviewed the documents; evidence disappears far faster than any deadline runs.
How Does the Firm Handle a Vermont Case?
Remotely, on the documents. Attorney Joshua Feygin has been a member of the Florida Bar since 2016 and is admitted in Vermont and Washington, D.C. The firm's office is in Hollywood, Florida, by appointment only; we do not maintain an office in Vermont and walk-in visits aren't accepted. A client in Burlington, Rutland, or St. Johnsbury works with us by email, phone, and video, and filings are made in the Vermont courts. More about the firm. The office number is (954) 321-0507.
Questions for a Vermont Auto Fraud Attorney
Can I sue a car dealer in Vermont for lying about a car?
Does "as is" protect a Vermont dealer from a fraud claim?
Do I have to send a demand letter before suing a dealer in Vermont?
Can I return the car if I change my mind?
What does a car dealer fraud lawyer in Vermont cost?
Did a Vermont dealer take you for a ride?
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This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Results depend on the facts and law of each matter; prospective clients may not obtain similar results. Statutory damages described are as set by law and are before deductions for attorney's fees and costs. Sue Your Dealer – A Law Firm, Hollywood, Florida · By appointment only · (954) 321-0507.