Car dealer lies about accident?

Question

My girlfriend just purchased a 2006 scion tc. She got it from Marina Mitsubishi in Webster, NY. Before buying, she asked for an autocheck (same thing as carfax) twice and got nothing. When driving the car yesterday we found reciepts in the glove box for $7000 worth of front end damage that had happened with the previous owner. Now the car drives fine and I do know a little bit about cars and I don't really see or notice anything broken but my girlfriend is upset. She feels cheated because she asked the dealer twice and got nothing and then finds out after buying the car that it was in an accident. Is there anything she can do? Again we live in NY and also bought the car in NY from a large dealer. www.marinamitsubishi.com

Answer 1

The dealer is not required to disclose damage unless they knew about it, or if the car has a salvage branded title! They are not required to research the car's history to look for problems, and many dealers do not do so! When the prior owner traded the car, you can be sure that they did not tell the dealer about any problems. They wanted the most money they could get in trade!

They are also not obligated to do a Carfax or Autochech history, even if the customer asks them to!

Your girlfriend could have had the history checks done herself before buying the vehicle! If the repairs were paid for out of pocket, rather than through an insurance claim, then even a history report may not have shown the damage.

Unless you can prove the dealer knew of the damage, or they said in writing that the car did not have damage, she has no recourse!

Sorry!

Most likely the dealer did not know of the damage. If they had known that the repair receipts were in the glove box, they would have removed them!

Did she have the car checked out by her own mechanic prior to purchase? She should have done so on any used car!

Answer 2

Depends on which state you purchased the car from. In the State of California on the sales contract it says that in the event of problem arises you must contact the dealership first to atempt to work out the problem before seeking an attorney. If this is a reputable dealer as you stated earlier maybe the sales manager or general manager will take back the car and sell you another one to save face. Most likely they will not cancel the sale. It also depends on how the car was damaged. An accident report by Carfax just states it has been in an accident, but not what kind of accident. If the vehicle has frame damage that shows up on the registration as a salvage title then you have a something to really gripe about. I feel that the salesman could have made an honest mistake. He was probably trained to know that every used car in the dealership has a Carfax report inside that states how good his inventory is. The used car manager that purchased the vehicle or the sales manager that took the vehicle in on trade made a mistake adn tried to cover it up or was plain lazy in the fact of reviewing the vehicle report. I would drive the car to the dealership and talk to the sales manager or general manager and see what they can work out for you. Don't call them first. See if you can get more detailed information on how the vehicle was damaged. And when explaining the situation try to be sweet and diplomatic first. Save the anger for later if this doesn't work out. Reasonable parties usually get this handled without going to arbitration.

Answer 3

Normally, the dealer is obligated to disclose any relevant information about a vehicle providing they have knowledge about it. If you can prove they had known and failed to inform you, you have a legal right to cancel the deal. How to prove that? I don't know. Start with the shop that had done body work, and see if the dealer was somehow involved. If that doesn't help - i.e. - the previous owner did it, and the dealer may not know about it... it'll be tough. In any case, I would contact BBB and your state Attorney General's Office - both consumer protection and dealer registration board. If you get vocal enough, the dealer will likely back off because they know better than anybody else what kind of a shady business they are in, and extra noise is the last thing they need.
The only other thing I can think of is to hire an independent LOCAL(!) inspections company like this one: http://www.anti-lemon.com but avoid a guy in New York named Steve - he's a crook. Let them look at the car, take pictures, and see if they can prove that damage - or signs of previously repaired damage - is obvious to the point that he dealer's tech who must've done pre-purchase inspection couldn't have missed it. And finally, contact Scion - their customer service is very good, and they may have some means to reason the dealer.

Answer 4

Unfortunately, the info was there for you to see - if the dealer's silence didn't make you wonder. Since there's notyhing on paper, you have no recourse. But if this is a problem for her, then she shouldn't have bought the car without getting a solid answer - in writing. Verbal agreements aren't worth the paper they're written on. And silence should have raised a red flag for her. However, you can't say that he lied, since he didn't. If they don't answer your questions - in writing - before you buy, then you really shouldn't buy.

Good luck!

Answer 5

She should have gotten the report on the vehicle BEFORE signing any documents. Did they specify in writing that the vehicle had never been in an accident or had major repairs to the body and frame? If not and the car runs fine, then she is SOL.

Answer 6

First I would contact someone higher up in the dealership and see if they will compensate you in some way ( I don't know ,what are you looking for ?). If you can not be satisfied by the dealer your only recourse is to contact the attorney general and file a claim , most times the dealership doesn't want to be hassled by the state and will give in to your demands , good luck...

Answer 7

I believe dealers are bound to full disclosure....better look at the laws in your state. Unfortunately if the car isn't doing anything strange I'm not sure what leg you have to stand on.

Answer 8

Bring to their attention and see what they say, if you don't like what you hear tell them your going to talk to a lawyer.