Undisclosed frame damage! HELP!?

Question

I bought a used car from a dealer in California, in 2006, yesterday we went to trade it in and they ran a carfax report, come to find out there is frame damage on our car. When we bought the car we asked them if it had ever been in an accident, they said no. It was not under warranty or certified. Do I have any legal recourse? I would have never bought the car if i knew there was frame/structual damage to it.

I went and talked to the dealer, he offered to pay the rest of my $8500 loan off, get me a new car with no money down. What do you think?

Answer 1

Unfortunately, you have no recourse. It is the buyers responsibility to have a vehicle inspected prior to purchasing, including a Carfax. As long as the title had not been deemed "Salvage", then the dealership is not obligated to verify whether or not a car has been in an accident.

Even though you asked them if it had been in an accident, they would have answered "No" since it probably was not in an accident while on their sales lot.

A lot of cars come from auctions, so it's quite possible the dealership did not know the car had prior frame damage. Most credible dealership will include, or at least offer, a Carfax report on the vehicles in their inventory. Good luck and I hope this helps, even though it's not what you wanted to hear.

Answer 2

I think the only way you could prove that they knew (or that they almost certainly had to know, at least) about the damage is to find out if that dealer you bought from has a Carfax account. If they do, and if they did at the time of the purchase, and the damage report was more than a few weeks before they got the car (it can take a while for things to show up on Carfax), then THEY KNEW.

I'd suggest getting a friend to go in and look at cars, and ask to be shown a Carfax report. That will at least prove they have an account NOW.

If you have any evidence that they told you otherwise, there you go, you have proven they lied.

If you can't do that, though, you're probably screwed.

Answer 3

You have no case against the dealer. Period. Unsafe ? You should have asked the mechanic you had inspect the car before you bought it. I wish i had a dollar for everyone that thinks carfax or autocheck is a substitute for a full inspection by a qualified mechanic and/or body man. Its a USED car. Many dealers don't even LOOK in the trunk. They are in business to sell cars, not pick their own cars to death. Ive sold LOTS of cars where I never looked in the trunk until a customer opened it with me. The only grey area would be if the dealer was notified and still didn't tell you. Proving that is expensive and he might not have known. And you wont know what he knew without spending $10k+ on discovery.

Answer 4

Sadly (in Texas) a dealer does not have to disclose prior damage to a vehicle. While it sucks, you should have run the carfax report yourself before you purchased the vehicle. That information may not have been available to the salesperson you asked, so he may not have lied to you intentionally. I would contact the dealership and see what they say. If they are difficult, contact an attorney and see if they will write a letter. You may not be able to get anything other than the difference in value, and you may not be entitled to anything.

Sorry to say, but you may have to mark this one as a lesson learned the hard way.

Answer 5

Almost all used vehicles are sold "as is." If you check your original contract / bill of sale it will most likely note this.

The only way the dealer is at fault is if they KNEW of the damage and did not disclose it. However, proving that they had prior knowledge is not an easy task.

Answer 6

You bought it over a year ago and now you are stuck with it. You would have to prove the dealer was fraudulent when he sold you the car. Just remember that car fax usually doesn`t know their elbow from a doorknob, they could be wrong

Answer 7

yes. In cali, you must disclose it if you know about it. you would have to check with the DA s office.