I bought a car from a dealership about 6 months ago, and I found out later it had been severely wrecked. It is an 06 and had 13232 miles when I purchased it, still under the original warranty from the manufacturer. What are my rights? Can I demand they buy the car back for failure of disclosure, it was not stated verbally or written the car had been wrecked.
〉 Answered on Jan 30th, 2008 by Barbra Einsohn , Customer Relations Manager at David McDavid Honda of Irving
Did you sign as "AS IS" form? How bad is severely? Did it have frame damage? What does the car fax say? In my state the dealer has no duty to disclose whether he knew of the repair or not. In my state the buyer has the duty to check the car out. Your state may be different.
〉 Answered on Jan 30th, 2008 by Burnam Eubank, Dealer Principle at Palmetto Jaguar
Contact your state's Division of Consumer Affairs about this issue. About 70 percent of all used vehicles have had some sort of body or paint work. If the car was sold as a certified preowned vehicle, the car met the standards for the body repairs. Each state has a different requirement for body work disclosure. Do the proper research on the subject to determine what your legal rights are and send a certified letter to the dealer to ask for a resolution. Good Luck!
〉 Answered on Jan 30th, 2008 by Jenny Trostel, Partner at Anderson of Hunt Valley
Disclosure and truth in lending laws vary in different states, but a majority have disclosure requirements on any damages that have been sustain by a vehicle (usually this has a monetary limit, i.e.: Over $1000, etc.) The law commonly requires the Seller have full disclosure to the buyer prior to the final paperwork for the purchase of the vehicle. You should check with the Attorney Generals office in your state to get a clarification of these requirements.
The AG's office can also give you guidance on how to proceed if in fact the dealer sold you the vehicle without the proper type of disclosure.
Most new vehicles carry a minimum of 36 month 36000 mile full factory warranty which goes with the vehicle even after it has been sold. You can contact the manufacturer directly online to find out what you have to do to transfer this warranty to your name. However, this is something your dealer should have done when the vehicle was sold to you.
You can indeed insist they buy the vehicle back if they violated the states requirements for disclosure. You can go to arbitration with the dealer or even initiate a suit through the courts in the jurisdiction covering the dealer (city/county/etc.)
〉 Answered on Jan 30th, 2008 by Jessie L Thatcher, F&I and Sales Specialist at Reynolds and Reynolds Company (Retired)