The KCPA prohibits unfair and deceptive trade practices, including the failure to disclose material information to consumers. In order to bring a claim under the KCPA, you must show that:
* The dealer failed to disclose the Rebuilt Salvage Title to you;
* The dealer knew or should have known that the vehicle had a Rebuilt Salvage Title;
* You relied on the dealer's representations about the vehicle; and
* You suffered damages as a result of the dealer's failure to disclose the Rebuilt Salvage Title.
If you can show these elements, you may be entitled to damages, including:
* The difference between the purchase price of the vehicle and its actual value;
* The cost of repairs to the vehicle;
* Incidental damages, such as lost wages or transportation costs;
* Punitive damages, if the dealer's conduct was particularly egregious.
You should contact a consumer protection attorney to discuss your rights and options if you believe that you have been the victim of a deceptive trade practice.
In addition to the KCPA, you may also have recourse under the federal Magnuson-Moss Warranty Act (MMWA). The MMWA requires dealers to disclose any warranties that apply to a vehicle, and it prohibits dealers from making false or misleading statements about warranties. If the dealer failed to disclose the Rebuilt Salvage Title, or if the dealer made false or misleading statements about the vehicle's warranty, you may have a claim under the MMWA.
You should also file a complaint with the Kansas Attorney General's Office. The Attorney General's Office can investigate your complaint and take action against the dealer if it finds that the dealer has violated the law.
