If you purchase a car that was involved in an accident...
07-06-2005, 02:09 PM
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If you purchase a car that was involved in an accident...
... and the dealership doesn't inform you, is there any legal action you can take?
Michele's car is at an Acura dealership today for front end suspension repair and the service manager called to tell me that the car was obviously involved in a front end collision and the repair work was sub-par. Possible frame damage/repair.
She purchased the car (used) in Sept '04 from one of those used car super dealers (not Carmax)... Maybe Car Nation or something like that.
Michele's car is at an Acura dealership today for front end suspension repair and the service manager called to tell me that the car was obviously involved in a front end collision and the repair work was sub-par. Possible frame damage/repair.
She purchased the car (used) in Sept '04 from one of those used car super dealers (not Carmax)... Maybe Car Nation or something like that.
07-06-2005, 02:14 PM
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i think it depends on the state, but when i sold at a dealer in ohio you had to disclose repairs if they were over a certain amount.
07-06-2005, 02:18 PM
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Originally Posted by 04acura tl
I don't think they can lie about it if you ask them! Always carfax.com when buying a used car, altho not all damage is reported to carfax
Carfax is a joke. For example. The Acura dealership I used to go to would report all maintanence/repairs so that they show up on Carfax. However, when they replaced my transmission they entered it in as "Suspension service." Good for me on this car... but if I'm shopping for another used car and I run a Carfax who knows if a simple maintanence entry in the report isn't actually some major repair!
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07-06-2005, 02:57 PM
#8
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I would bet you signed off an "AS IS" statement on all the contract paper you sold. Buyer beware. I highly doubt you have any recourse unless they sold you a car with a Salvage title from another State, knew about it and did not disclose.
That would be my guess.
That would be my guess.
07-06-2005, 02:57 PM
#9
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I had some neighbors that bout an Infinity I30 from a Ford dealership a few years ago. They were having problems with the driver's side window, so they took it in. Come to find out, there was a whole bunch of bondo on the door that they never knew about. After they found out it was in a minor accident, they didn't want the car. It took them a while, and a lawyer, but the dealer eventually took the car back. It was a hassle though.
07-06-2005, 03:12 PM
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Interesting thread, My situation
I purchased my 01 INtegra GSR from a Mitsubishi Dealer in Dec. I didn't learn until after I bought the car, that it was not the OEM, USDM engine in it.
I was never told anything BY THE DEALER about the engine not being the original.
Now, the car has started to give me problems, that it had been going to the Acura Dealership with since was still under 4 yr/50k mile warranty.
Well after the 5 th try to resolve the problem, I get the call telling me that all the work they had done so far would still be warranty, but that they could do nothing more for the car, since it was not the OEM USDM engine in it.
Now I am looking to seek legal advice since I was not told that the car did not have the original motor in it.
Good luck to Michelle also.
I was never told anything BY THE DEALER about the engine not being the original.
Now, the car has started to give me problems, that it had been going to the Acura Dealership with since was still under 4 yr/50k mile warranty.
Well after the 5 th try to resolve the problem, I get the call telling me that all the work they had done so far would still be warranty, but that they could do nothing more for the car, since it was not the OEM USDM engine in it.
Now I am looking to seek legal advice since I was not told that the car did not have the original motor in it.
Good luck to Michelle also.
07-06-2005, 03:16 PM
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Originally Posted by mrsteve
... and the dealership doesn't inform you, is there any legal action you can take?
> *
07-06-2005, 04:48 PM
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Probably nothing you can do about it. And dealships have more money than you and more lawyers.
07-06-2005, 04:59 PM
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Originally Posted by Eggplant-EX
I would bet you signed off an "AS IS" statement on all the contract paper you sold. Buyer beware. I highly doubt you have any recourse unless they sold you a car with a Salvage title from another State, knew about it and did not disclose.
That would be my guess.
That would be my guess.
She purchased a warranty (100k mile bumper to bumper, no deductable) at the time she purchased the car. Also the standard "As Is" or "Warranty" form has the "Warranty" box checked. The repair is only costing $340. However, when it comes time to trade in/sell this car for a new one she's going to be screwed when the dealership/mechanic locates this damage. It's going to kill the value of the car.
The Acura service advisor at my dealership told me part of the subframe was welded back on
07-06-2005, 05:40 PM
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Originally Posted by 65 Fury Convert
Probably nothing you can do about it. And dealships have more money than you and more lawyers.
No need to be afraid of a car dealership for any reason.
07-06-2005, 05:49 PM
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that reminds me of what happened to my parents 04 C230 Komp some dude in a parking lot swiped the right back end of the car so my parents went to get it fixed, the person who was fixing it and repainting it, noticed that the rear bumper was dented in like it was rear ended and someone just put a new bumper cover over it, so they asked us if we bought an used car and we said no it was brand new when we got it, so then we called up the dealer to ask whats up, of couse the dealership denied any knowledge or anything about it. 
07-06-2005, 05:50 PM
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My friend bought a Mustang From Carmax and he didnt know it was in a accident, till about 3 months after when he went thru a drive thru car wash and his whole passenger side flooded
07-06-2005, 05:52 PM
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Originally Posted by mrsteve
Small claims court is <$5,000. If she wanted them to buy back a car she'd have to go to a higher court.
In any case, I still wouldn't be afraid of a dealership's lawyers, they are nobody.
07-06-2005, 06:27 PM
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Originally Posted by kensteele
True. But you would have an easier time to state your case in concilliation court...if you wanted to sue for the difference or the value lost? I'm not sure you can get them (argue the case) to take back a car from over a year ago.....
In any case, I still wouldn't be afraid of a dealership's lawyers, they are nobody.
In any case, I still wouldn't be afraid of a dealership's lawyers, they are nobody.
It was purchased 10 months ago. Meh... I don't know what's she's gonna do.
07-06-2005, 07:06 PM
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Caveat Emptor
If it said "AS IS", you're stuck I'm afraid.
If it said "AS IS", you're stuck I'm afraid.
07-06-2005, 07:08 PM
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07-06-2005, 08:43 PM
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Michele:its checked by warranty
Mr Steveo 217: ok
Michele: and the stamp says "30 day bumper to bumper warranty at and by car vision. service or parts performed by another dealership of mechanic will not be honored"
In addition she purchased a 100k mile warranty through Road America. However, if an adjuster for Road America saw her car they'd obviously spot the repaired subframe and claim it as collision damage (which isn't covered). Basically her warranty is useless on anything related to the front end of the car.
The place she bought the car is called Car Vision in PA.
Mr Steveo 217: ok
Michele: and the stamp says "30 day bumper to bumper warranty at and by car vision. service or parts performed by another dealership of mechanic will not be honored"
In addition she purchased a 100k mile warranty through Road America. However, if an adjuster for Road America saw her car they'd obviously spot the repaired subframe and claim it as collision damage (which isn't covered). Basically her warranty is useless on anything related to the front end of the car.
The place she bought the car is called Car Vision in PA.
07-06-2005, 09:33 PM
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Originally Posted by Ken1997TL
Caveat Emptor
If it said "AS IS", you're stuck I'm afraid.
If it said "AS IS", you're stuck I'm afraid.
Just because you purchased the vehicle "as is" doesn't necessarily absolve the dealership of telling you that the car was in an accident. Without knowing the circumstances, you may ask the dealer something like "Is there anything wrong with this car that I should know about?" and if the dealer says no, that could be a representation that could stand in court even though you agreed to purchase "as is".
It's at the very least worth a good talkin' to with the dealer, and perhaps a threat of legal action failing that. Always give them a chance to remedy the situation, first. Legal action should never be a first recourse -- you never truly win.
07-06-2005, 09:55 PM
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Originally Posted by mrsteve
Meh... I don't know what's she's gonna do.
07-06-2005, 10:13 PM
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Originally Posted by Michiraces2much
Shes going to sit here and whine and cry like a bitch. I am beyond mad at myself. And of course I cant remember back to last fall and whether or not I asked if something was wrong.
Here's the thing... they've probably sold a thousand cars since last Sept. They won't remember either.
07-06-2005, 10:28 PM
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I'd tell them you want the cost of your warranty plus the cost of this repair refunded to you. Unfortunately anything front end related will not be covered under warranty.
