How Do I file a lawsuit against a car dealership that lied to me about a car?
There is a concept in the law called jurisdiction. If you want to sue a car dealership in New Jersey you need jurisdiction in the state of New Jersey. There are long legal explanations and definitions of jurisdiction. However, the simple definition of jurisdiction means that it is fair to sue a car dealership in the state of New Jersey. This has been determined by both the New Jersey Supreme Court and the United States Supreme Court. These courts have set the guidelines to determine when it is and is not fair to sue a car dealership, or any business for that matter, in the state of New Jersey.
So the following scenarios usually occur when it comes to suing a car dealership in the state of New Jersey.Scenario number 1
This situation of suing a car dealership in the state of New Jersey is rather simple. You live in the state of New Jersey a car dealership is in the state of New Jersey. Under these set of facts there is no issue as it is completely fair to sue a car dealership in the state of New Jersey.Scenario number 2
You want to sue a car dealership in NJ and you live out of state. The car dealership is in New Jersey. The answer to this scenario is relatively simple. Since the car dealership does business on a regular basis in New Jersey you can Sue them in New Jersey. Under these set of facts your residence or location is almost completely irrelevant and you would be permitted to sue this core dealership in the state of New Jersey.Scenario number 3
It is somewhat complex if you live in New Jersey and the car dealership you want to sue is not located in the state of New Jersey. Sometimes the dealership is on the Pennsylvania or New York border and sometimes it is more complex where the dealership you want to sue might in California or some state which might be hundred or thousands of miles away.
However, the same rules apply if it fair to sue a car dealership that does not reside in the state of New Jersey, in the state of New Jersey. Again, the New Jersey Supreme Court and the United States Supreme Court have set down some basic rules to determine whether or not sue somebody in New Jersey who does not reside in New Jersey. In short it has to be fair to sue them in New Jersey. Now, there are 2 separate circumstances.Specific jurisdiction
Specific jurisdiction means that you are asserting that the facts for the specific transaction or attempted transaction are so closely related to the state of New Jersey, closely connected to the state of New Jersey such that it is fair to sue this car dealership for this specific transaction in the state of New Jersey. Factors include whether or not the car dealership delivered the car to the state of New Jersey.General jurisdiction
The concept of general jurisdiction is that the defendant car dealership does enough New Jersey business so that they can reasonably be anticipated to be sued in the state of New Jersey. This can include advertising, automotive sales or other direct or indirect connections with the state of New Jersey which might make it reasonably foreseeable and fair that they might be sued in the state of New Jersey. Again, the underlying concept is fairness and foreseeability.
In my opinion, the closer to the state of New Jersey the more likely it is there might be general jurisdiction. As an example a car dealership which is on the New York border or Pennsylvania border has more of a chance of selling more cars to New Jersey residents and thus it is more foreseeable that they could be sued in New Jersey. However, it gets more complicated when you're dealing with California or other out-of-state dealerships that are relatively large while they have a huge Internet presence and might not do a large amount of business directly with the New Jersey.
Under all of the circumstances the court will examine the facts and make a determination as to whether or not the guidelines set down by the New Jersey and United States Supreme Court have been met to make it fair to sue in out-of-state business such as a car dealership, in the state of New Jersey.
So the question as to whether or not you can Sue a car dealership in the state of New Jersey depends on the facts as set forth above. Sometimes you can sue a car dealership in the state of New Jersey sometimes you cannot sue a car dealership in the state of New Jersey.
Can I sue a car dealership in New Jersey if I live in New York, Pennsylvania oar another state? YES.
After jurisdiction is determined to be appropriate in New Jersey the nature of the claims against the car dealership must be analyzed. Did the dealership commit fraud or consumer fraud? Did the plaintiff sustain an ascertainable loss? Is the ascertainable loss directly related to the acts of consumer fraud or fraud?
New Jersey provides various claims against car dealerships if there is jurisdiction. For example, there is a Superior Court in Freehold New Jersey which is the county seat of Monmouth County. Freehold would be the proper place to file a lawsuit if one of the parties resided in Monmouth County where the transaction occurred in Monmouth County.
You would file a claim in Superior Court, Monmouth County for numerous items including but not limited to Odometer Rollback, misrepresenting material conditions of the vehicle, breach of warranty, fraud, financing fraud or other deceptive practices.
To bring suit in Superior Court, Monmouth, County would be required to serve the defendant with the Summons and Complaint. In this Summons and Complaint would allege what the dealership the wrong, what law supports her position and some facts supporting your claim. The lawsuit does not have to be extra specific however it must put the defendant dealership on notice as to the nature of the underlying lawsuit. By way of example, if you are alleging that the odometer was rollback you might want to include in the complaint the miles when you bought it, and the prior miles before he aborted to demonstrate an odometer rollback. It would then be required to put proof before the court and/or for the jury to demonstrate that the odometer had been rollback.
There are many other claims against car dealerships including, but not limited to lying about the history of an automobile. In New Jersey a buyer of a particular good is allowed to rely upon the express representations of the seller. If the seller represents the vehicle not to have an accident must not be involved in an accident otherwise the seller would be responsible for its affirmative representations of fact. Seller is presumed to be knowledgeable in the business/industry and buying and selling cars and as such they required to make sure the representations are truthful and accurate.