Automobile Fraud: 4.2.10 UDAP and Other Consumer Remedies When Cancellation Not Valid
When the dealer does not have the right to cancel the agreement, the dealer’s attempt to undo a binding credit agreement is unfair, deceptive, and wrongful, leading to potential UDAP, fraud, and breach of contract claims.51 Clearly seizing the vehicle when the dealer has no legal basis for the seizure is conversion or a related tort.52 It is also a deceptive practice for the dealer to misrepresent to the consumer its legal right to recover the vehicle.