Best Auto Dealer Fraud Lawyers in Borgholm

About Auto Dealer Fraud Law in Borgholm, Sweden

Auto dealer fraud in Borgholm refers to unlawful or misleading practices by professional car sellers that cause a buyer financial loss or other harm. Typical issues include false or incomplete information about a vehicle’s condition or history, rolled back odometers, undisclosed accident or flood damage, bait-and-switch advertising, unfair financing terms, and refusal to honor statutory consumer rights. In Sweden, consumers who buy from a business enjoy strong protections under national consumer law. These rules apply equally in Borgholm and the rest of the country. Remedies can include free repair, replacement, price reduction, cancellation with refund, and in serious cases criminal or regulatory action against the dealer.

Why You May Need a Lawyer

Many disputes resolve through negotiation, but legal help can be crucial when a dealer denies liability, delays unreasonably, or uses complex contract terms. You may benefit from a lawyer if the defect is large relative to the car’s value, if safety is at stake, if the dealer disputes what was promised in advertising or a condition report, if financing or add-ons were misrepresented, if the dealer refuses to follow a decision from the National Board for Consumer Disputes, or if you need to file a lawsuit at Kalmar District Court. A lawyer can assess evidence, explain your rights and options, draft a precise complaint letter, preserve claims within deadlines, represent you in alternative dispute resolution and court, and coordinate any criminal report for suspected fraud.

Local Laws Overview

Consumer purchases from a professional dealer are governed by the Consumer Sales Act. The car must conform to what was agreed and what you reasonably could expect based on price, age, mileage, and information provided. If the car has a defect, you have the right to have the defect remedied free of charge within a reasonable time without significant inconvenience. If repair is not done correctly or promptly, you can demand price reduction or cancel the purchase if the defect is substantial. You can also claim compensation for loss caused by the defect. You have three years to complain about defects, and a complaint made within a reasonable time after discovery is always considered timely if made within two months. For purchases after mid 2022, defects that appear within two years are generally presumed to have existed at delivery unless inconsistent with the nature of the defect or the car. Warranties do not reduce your statutory rights and any clause that tries to limit them is invalid.

Misleading or aggressive practices are regulated by the Marketing Act. Examples include false claims about accident history, ownership, mileage, service records, or warranty coverage. The Swedish Consumer Agency and the Consumer Ombudsman can intervene. Odometer rollback and intentional deception can amount to fraud under the Penal Code and can be reported to the police. If credit or financing is involved, the Consumer Credit Act requires clear pre-contract information, proper credit checks, accurate annual percentage rate, and the right to early repayment. Distance and Off-Premises Contracts rules can give a 14-day right of withdrawal if the agreement was concluded away from the dealer’s premises, for example by phone or online with delivery to you. In-store purchases do not have a statutory cooling-off period.

Dealers often use a written condition report known as a varudeklaration for used cars. This document and the advertisement are important evidence of what was promised. Vehicle inspection companies record mileage at each inspection, and the state road traffic register keeps vehicle data. Many disputes in Sweden are handled first through the National Board for Consumer Disputes, which issues recommendations. In Borgholm, court cases are typically heard by Kalmar District Court. Municipal consumer guidance and the national Hallå Konsument service can give initial advice. If you buy from a private individual rather than a dealer, the Purchase Act applies and protections are more limited.

Frequently Asked Questions

What counts as auto dealer fraud in Borgholm

Fraud can include odometer rollback, hiding serious faults or accident damage, claiming the car is newly inspected when it is not, false service history, advertising a low price then adding mandatory fees not disclosed upfront, misrepresenting financing or warranty terms, or selling a car that is subject to security interests without telling you. If the conduct is intentional deception you may have both civil and criminal remedies.

What should I do first if I discover a problem

Stop using the car if further driving may worsen the defect or create safety risks. Gather evidence such as the ad, screenshots, the purchase agreement, varudeklaration, messages, service book, inspection protocols, photos, and any diagnostic reports. Notify the dealer in writing as soon as possible, describe the defect, state your demand repair, price reduction, or cancellation, and set a reasonable deadline. Keep copies of all communication.

How long do I have to complain

You have three years from delivery to complain about defects to the dealer. Complaining within a reasonable time after you noticed or should have noticed the problem is required and two months is always considered reasonable. If you bought the car after mid 2022 and a defect appears within two years, it is generally presumed to have existed at delivery unless that presumption is not suitable in the circumstances.

Can I cancel the purchase and get my money back

Yes if the defect is substantial or if the dealer fails to repair within a reasonable time or after repeated attempts. On cancellation you return the car and receive a refund. The dealer may be entitled to a deduction for the benefit you had from using the car only in limited situations and not if the dealer acted with gross negligence or contrary to good commercial practice. A lawyer can help assess whether the defect is substantial and negotiate the return.

What if the dealer says the car was sold as is

A clause that tries to waive statutory consumer rights has no effect. Even with as is wording, the car must match what was agreed and what you reasonably could expect. If the dealer withheld or misstated important information, or if the car is in worse condition than promised or expected for its age and mileage, you can still invoke your rights under the Consumer Sales Act.

Do I have a right to a courtesy car during repairs

There is no automatic right, but if the repair causes significant inconvenience the dealer should arrange a solution that minimizes your loss, for example a loaner car or compensation for necessary transport costs. Keep receipts and ask for written confirmation.

What if I bought the car online or off premises

If the agreement was concluded at a distance or off the dealer’s premises, you usually have a 14-day right to withdraw. You must notify the dealer within the withdrawal period and you are responsible for any reduction in value beyond what was necessary to examine the car. If you finalized the contract in the showroom, the withdrawal right normally does not apply.

How do financing and add-ons affect my rights

If the dealer arranged credit, the lender can be jointly responsible for the seller’s breach in some cases, allowing you to raise the same objections against the lender. The Consumer Credit Act requires clear terms and proper credit checks. Misrepresented add-ons or warranties can be challenged, and you can often cancel ongoing service contracts according to their terms and consumer law. Keep your credit documentation.

Where can I escalate a dispute without going to court

You can file a complaint with the National Board for Consumer Disputes. The board issues a written recommendation after reviewing documents from both sides. Many dealers follow these recommendations. You must first complain to the dealer and meet the board’s time limits and any value thresholds. Municipal consumer guidance and the national Hallå Konsument service can help you prepare your case.

When should I involve the police

If you suspect criminal fraud such as odometer manipulation, forged records, or intentional deception, you can file a police report. A criminal case can run in parallel with your civil claim for repair, refund, or damages. Provide all evidence, including ads, contracts, inspection records, and expert reports.

Additional Resources

The Swedish Consumer Agency provides guidance on car purchases, marketing rules, and standard information requirements. The Consumer Ombudsman can act against misleading marketing. Hallå Konsument offers impartial consumer advice and can direct you to the right body.

The National Board for Consumer Disputes handles out of court motor vehicle cases and issues recommendations. Municipal consumer guidance is available through Borgholm Municipality or a joint regional service and can help draft complaints and explain your options.

The Swedish Transport Agency maintains the road traffic register and oversees regulatory aspects for vehicles. Vehicle inspection companies keep mileage records that support your evidence. The Swedish Bar Association lists qualified advocates who can advise and represent you.

Kalmar District Court is the local court for civil cases from Borgholm. The Swedish Enforcement Authority can assist if you have a judgment or a decision you want to enforce. Your home insurance often includes legal expenses cover known as rättsskydd and there is state legal aid known as rättshjälp subject to conditions.

Next Steps

Document everything. Save the advertisement, take screenshots, keep the purchase contract, varudeklaration, finance papers, and all messages. Obtain a written fault description from an independent workshop if needed and collect inspection and mileage records.

Complain in writing to the dealer as soon as possible. Describe the defect, refer to what was promised, state your demand repair, price reduction, or cancellation, set a clear deadline, and say that you will escalate if it is not resolved. Do not accept solutions that limit your statutory rights.

Seek advice. Contact municipal consumer guidance or Hallå Konsument to review your rights and strategy. Consider engaging a lawyer if the sums are significant, the facts are disputed, or safety is involved. Ask your insurer about legal expenses coverage and how to select counsel.

Escalate if needed. If the dealer does not resolve the issue, file a complaint with the National Board for Consumer Disputes. Preserve time limits and follow their document checklist. If the recommendation is not followed or if court is a better route, file a claim at Kalmar District Court. For suspected criminal conduct, submit a police report.

Protect yourself going forward. For future purchases, insist on a detailed varudeklaration, verify mileage and inspection history, ask for a recent inspection or independent check, get all promises in writing, and read financing terms carefully before signing. In Borgholm and across Sweden, prompt action and thorough documentation give you the strongest position to enforce your rights.