In order to fairly address this issue, I must first offer a disclaimer. The majority of car salesmen work within the professional standards of their industry and are encouraged NOT to deceive their customers in any way. Selling used cars is not an easy way to earn a living, because the product is already a high-ticket item and finding qualified buyers is difficult. The competition for these buyers can be fierce, and a salesman’s income is largely based on commission, not straight salary. The pressure to bend the rules of engagement in order to make a sale is constant, but most used car salesmen will not cross that line. An honest car dealer sees himself as another vital part of the assembly line, every bit as dedicated as the workers at the factory or the engineers in the office.

But occasionally you will encounter some used car salesmen who have little problem violating a customer’s trust. They WILL exaggerate a car’s condition or use ‘bait and switch’ tactics to lure customers. These unscrupulous salesmen give the entire car industry a black eye, but unfortunately there is very little a car company can do about independent dealerships which happen to feature some of their products. An authorized Ford dealership could conceivably lose their rights to sell Ford products in the future, but it would be nearly impossible for Ford to deny Honest Jim’s Used Cars the right to sell a used Taurus or Escort. It is up to individual consumers and local enforcement agencies to keep dishonest dealers in check- a process which could take years of litigation and investigation.

So what should you do if you suspect a used car dealer is actively scamming you? There is no one answer, but the following tips should give you some idea on where to start:

1. When in doubt, just walk out. You’ve taken time to look at the cars on the lot, take a test drive or two and discuss prices with a salesman. So far there is nothing legally obligating you to stay on the lot. If the salesman is obviously pressuring you to consider a non-negotiated price on a car you clearly don’t want, simply walk out and don’t look back. Pay no attention to anything he may say as you walk back to your car. Salesmen often have a second chance speech prepared just for such occasions. He may try to offer you a better deal on the same car or a second look at another one. These deals are rarely to your advantage, because he should have been offering them all along. If an unscrupulous dealer seems unnaturally motivated to sell you a lime green diesel-powered ’79 Gremlin, you can bet there’s a scam in the making. If you honestly feel you’re being scammed by a bait and switch tactic, you can always walk away before anything is in writing.
2. Make mental and physical notes on everything that happens during the sales pitch. If the scam reaches the level of legal action against the dealership, you’ll need specifics. Salesmen who work for questionable dealerships have a tendency to disappear. The dealer might also make sure the car in question leaves the lot and never returns. If you believe you or someone you know is being scammed, don’t try to confront the dealer directly unless you have no other choice. It’s his property and you are a guest. Instead, make sure you get names of the people you deal with along with a detailed description of the vehicle and the specific claims the salesman made in regards to the sale. Record the odometer readings, note the condition of the engine, listen for any obvious sounds of trouble at start-up and any other questionable incident. Make sure you write down the exact price you were offered and any other promises made by the salesman.
3. Report your findings to local business watchdogs or investigative reporters. The Better Business Bureau would be very interested in any negative experiences you have with used car dealers in their coverage area. You might also discover a pre-existing pattern of deceptive business practices. When in doubt, check out the company’s BBB file before committing to any sales offer. The BBB and other consumer organizations may not be able to rectify your specific problem, but at least other consumers will be aware of the potential for scamming.

Another resource to consider is a local investigative reporter. The last thing any dishonest businessman wants is publicity, and the media is the best publicity machine any citizen could want. Tell the reporter everything you suspect about the business practices of the dealership. If you feel the scam is sufficiently illegal and not just unethical, you might also speak with local law enforcement agencies. More than likely, a few undercover investigations caught on tape will be enough to get some satisfaction.

1. If you’re not comfortable with the car-buying process, bring company. Unethical salesmen who suspect they’re dealing with a first-time buyer or a vulnerable customer will not hesitate to push through a bad deal. A scammer lives for people who don’t ask the right questions or are indecisive and tentative. Having a more knowledgeable friend or relative accompany you to all meetings can help keep the process honest. If you have already discussed a specific sale with the dealer and you suspect he’s scamming you, listen carefully to what he says when you have company. Remind him of all the things he promised to address about the car and the price he quoted you yesterday. Unscrupulous salesmen dread being quoted directly and specifically. They were hoping you’d forget the numbers and they could make a few ‘adjustments’ to the quote.
2. Don’t try to be a hero or take matters into your own hands. If you suspect a salesmen is actively scamming you, you’re probably dealing with someone who has made a career out of doing this. These are not people you’ll want to confront on your own. Hopefully all that has happened is someone tried to take advantage of you financially on a used car purchase. You felt uncomfortable enough to stop the deal before papers were signed and now you’re reporting this experience to the proper authorities. That’s all you can do without escalating the situation. If papers were signed and you are now the owner of a lemon, you still have legal rights. Almost every contract has a cool-down period in which either party can legally back out of the deal with no penalty. Many states also have ‘lemon laws’ which protect consumers from deliberate fraud concerning a car’s condition. You can also bring suit against an unscrupulous salesman in civil court, if you can prove deliberate deception or a pattern of fraudulent behavior. Rarely is a consumer without some form of recourse, unless the original sales contract is considered legal and binding by a judge. The short lesson is never sign anything until you are comfortable with the terms and conditions of the contract. Once you’ve signed the papers, you’ve essentially bought a car complete with baggage and doubts. The best thing you can do is walk away from any deal that doesn’t feel completely right.

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