Dealership... can they be held liable? LEGAL question

[nvrenough]

I hope this is in a reasonably appropriate place on here. If not, please move it.

So I ran my Carfax on a car that I bought as a Certified Pre Owned vehicle from a licensed dealership in VA just over 6 years ago. To my surprise, my car had been in an accident that I was not made aware of. The car came with a Carfax report when I bought it, and it was clean at the time (Carfax didn't get reports from this particular place until after I bought the car)

The issue that I'm having is that the car was repaired AT THE DEALERSHIP that I bought it from.

So, what would you do? My car is worth about 25% less than what it would be worth otherwise... and had I known this information beforehand, I would've NEVER bought the car... I mean, I bought CPO for a reason.

What would you guys do? I'm tempted to hire a lawyer, but don't want to be unreasonable.

I appreciate any and all suggestions/opinions.

[EP3sAreFun]

what brand car? what was repaired in the collision center? whyd it take you 6 years to decide your upset?

[00 blk G20t]

did you ask if they did any repairs on the car since they got it? if you didnt ask i dont see why they should "have" to tell you......they sent their report to carfax like they should have.....just so happens that as soon as they sold you the car the carfax changed from what you saw.......


by no means am i taking their side.....just trying to understand exactly what happened. what repairs were made to the car?

[nvrenough]

repairs made were to the rear end, bumper, lights, spoiler, muffler, etc... obviously a rear end collision.

reason it took me 6 years to get upset is that I just found out when I ran the CarFax because I'm getting it ready for sale.

the issue for me is that the car was CPO... and as far as my mind would tell me, I would think that it being in a pretty severe accident would prevent it from being CPO... basically I'm wondering if the dealership, knowing that I wouldn't find out most likely, was shady and intentionally did not diclose the damage, when in fact, with the car being CPO, they should have.

[5speed]

repairs made were to the rear end, bumper, lights, spoiler, muffler, etc... obviously a rear end collision.

reason it took me 6 years to get upset is that I just found out when I ran the CarFax because I'm getting it ready for sale.

the issue for me is that the car was CPO... and as far as my mind would tell me, I would think that it being in a pretty severe accident would prevent it from being CPO... basically I'm wondering if the dealership, knowing that I wouldn't find out most likely, was shady and intentionally did not diclose the damage, when in fact, with the car being CPO, they should have.

You are right. I wouldn't go as far as getting a lawyer though. Maybe paying one for their time of legal advice would be better to do.

[5speed]

repairs made were to the rear end, bumper, lights, spoiler, muffler, etc... obviously a rear end collision.

reason it took me 6 years to get upset is that I just found out when I ran the CarFax because I'm getting it ready for sale.

the issue for me is that the car was CPO... and as far as my mind would tell me, I would think that it being in a pretty severe accident would prevent it from being CPO... basically I'm wondering if the dealership, knowing that I wouldn't find out most likely, was shady and intentionally did not diclose the damage, when in fact, with the car being CPO, they should have.

You are right. I wouldn't go as far as getting a lawyer though. Maybe paying one for their time of legal advice would be better to do.

[bu villain]

Just FYI, there are no legal standards to call a car, CPO. If I was a car dealer I could have a CPO program where all I do is inspect that the windshield wipers work and then legally sell the car as CPO. Of course most reputable companies have much stricter programs but you shouldn't take anything for granted just because they call it CPO.

That being said you probably do have a case against the dealer for fraud by concealment. If you decide its worth the money to pursue it, definitely go see a lawyer. I hope you haven't reached statute of limitations though... 6 years is a long time.

[EP3sAreFun]

Just FYI, there are no legal standards to call a car, CPO. If I was a car dealer I could have a CPO program where all I do is inspect that the windshield wipers work and then legally sell the car as CPO. Of course most reputable companies have much stricter programs but you shouldn't take anything for granted just because they call it CPO.

That being said you probably do have a case against the dealer for fraud by concealment. If you decide its worth the money to pursue it, definitely go see a lawyer. I hope you haven't reached statute of limitations though... 6 years is a long time.

before you waste your time with a lawyer you need to find out what makes a car considered "CPO" from that brand of dealer you bought it from.

Most companies have stipulations on number of keys, mileage, and overall condition. If the repair was finished properly and the car had low mileage, etc... It may still qualify for CPO if they have no rules on accidents

Besides, theres a good chance the salesman had no idea the car had been in the collision center. He just knows theres a pretty car on the lot that you want to buy.

[nvrenough]

I REALLY appreciate everyone's insight... it's been very helpful to get the opinions of others on the matter. I am going to conjur up a professional, and well mannered email to send to the General Manager of the dealership. What I'd really like to happen is that they at least offer to make up for the difference in value, which at this point, is roughly $2500... I know it's a long shot, but if that doesn't work, then I'm going to at least do a consultation with an attorney. I'll be sure to keep this thread updated if anything happens.

Thanks again everyone.

[EP3sAreFun]

I REALLY appreciate everyone's insight... it's been very helpful to get the opinions of others on the matter. I am going to conjur up a professional, and well mannered email to send to the General Manager of the dealership. What I'd really like to happen is that they at least offer to make up for the difference in value, which at this point, is roughly $2500... I know it's a long shot, but if that doesn't work, then I'm going to at least do a consultation with an attorney. I'll be sure to keep this thread updated if anything happens.

Thanks again everyone.

You bought 1 car from them 6 years ago. The GM won't even bother having his secretary reply to you. Sales cares about your money first and your happiness second. and you havent spent money there recently.

Don't consult with an attorney until you do exactly what i said. here. let me repeat

before you waste your time with a lawyer you need to find out what makes a car considered "CPO" from that brand of dealer you bought it from.

Most companies have stipulations on number of keys, mileage, and overall condition. If the repair was finished properly and the car had low mileage, etc... It may still qualify for CPO if they have no rules on accidents

[green91]

You've got no ground to stand on with your case. CPOs are not concerned with minor collision damage as long as it does not affect the structural integrity or frame/unibody, and the paint and body panel fitment is good. Most cars on the road have been involved in some sort of minor accidents that have been reported to Carfax. Doesn't make them bad vehicles. It would be very very hard for dealerships to buy cars and then not be able to sell them due to minor damage. Furthermore a rear end collision on a carfax is not going to have a 25% value effect on the car, especially after 6 years! You're just going to spend more money than its worth.

[95lsteg]

I had a very similar situation happen to me. I bought a car from a dealership and it had a clear carfax when i purchased it. 6 months later carfax started reporting an accident from 5 years ago. The dealership could do nothing for me bc they were under the assumption of the clear carfax when it was sold to me. Carfax even stated on the report that they began reporting this accident 5 years after the fact. I tried to contact carfax but they have no number to be reached at and when I emailed them they just said sorry. I don't have this car anymore as I traded it in a while back but it cost me a pretty penny since they would not give me much for it. Unfortunately there is nothing you can really do in this situation except deal with the lost in value. It sucks.....I know.

[nsany(atl)]

if they respond to you they are reconizing that there is a problem, also the statute of limitations has probably run out

[bu villain]

before you waste your time with a lawyer you need to find out what makes a car considered "CPO" from that brand of dealer you bought it from.

Most companies have stipulations on number of keys, mileage, and overall condition. If the repair was finished properly and the car had low mileage, etc... It may still qualify for CPO if they have no rules on accidents

My point was whether the car was CPO or not he could still have a case. Many states have laws that a seller must inform you of anything they know of that could significantly affect the value or functionality of the car (such as an accident). In this case since the same dealership repaired the car, he may be able to prove they had knowledge of such information regardless of what CarFAX says.

Personally, I wouldn't bother for only $2500 but thats for him to decide.