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Getting a lawsuit together!
As many of you know about my horrible experience trying to trade in my truck for a car a week or so ago, I have decided to start to gather info for filing a lawsuit. Based on the following scam:
Scam 8. The Whole Truth About Used Cars Dealerships are required to disclose material known facts about a used vehicle such as if the vehicle was:
So on that basis I was told the vehicle had been painted on the door for scratches and took it at that considering I purchased a Trans Am previously at the same dealer. When I got the carfax when I was in the new dealership where I was looking at a new vehicle to purchase it was brought to my attention that it was involved in an major accident where the vehicle was almost totaled. I was offered half of the vehicles value and could not purchase my new vehicle. That really grinds my gears! So I have decided to go for it and bring them to court! I have all of my original paperwork in hand for when I bought the truck. If anyone has had an experience like this please feel free to give me a hand on which direction to take. |
Good luck.
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And what if the dealership didn't know?
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but im sure if this guy can find out the vehicle was in an accident so can a dealer |
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Dealership gave me a verbal that the vehicle was painted on the door for scratch and dent fix.
Also said a carfax was done and was clean.... the accident occured in 2003 and I bought the vehicle in 2007 |
also I luckily had a friend with me when I bought the truck as a witness
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Why didn't you look at the original carfax, or acquire your own copy? Why did you take what the dealership told you at face value?
Good luck, but I think you're gonna get reamed since you didnt do your homework before buying the car. |
I wish you luck nick!
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i agree with G, if they even let the case go thru, youre gonna be fighting an uphill battle
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Also, keep in mind that Carfax isn't always accurate. I've heard of all kinds of stories of people owning cars since they were new and having Carfax reports showing that the car was involved in a major accident when it was never hit, etc. Do your research and find the previous owner and ask for details of the accident. Is there any evidence on the vehicle itself that it was involved in a major accident? - Justin |
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this should go ur way... by law a dealership must disclose anything that is not common knowledge about their product. that means frame damage, inaccurate mileage or anything that only they would know, unrelated example some one who's selling their house must disclose any info about termites, before a sale is put together by lawyers, same thing but on bigger scale
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good luck. i would hunt down the owner and try to find an accident report.
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good luck. i hope things go your way man. i hate car dealers!!!
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I was shown a "carfax" which I now know was falsified... I will be going next week
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- Justin |
I do, I have original bill of sale with all info, new car fax, and a witness to the original car fax that they never game me stating it was clean and that the sales man gave a verbal (which is binding according to Law) stating the door was only painted because of minor scratch and dent repair.
The whole truck was painted due to several accidents... frame is straight though. |
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If there was another person present who will not benefit from backing you up youre good to go... But if there was not, whos to say the salesmen will voluntarily throw himself under the bus?... I think what you should go after is Fraud in the Inducement, as long as: A. There was false representation B. Of a fact C. That is material and D. Made with knowledge of its falsity and the intention to deceive and E. Which representation is justifiably relied upon |
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all of this is just my opinion, you understand. it's all anecdotal, received from people in the auto-repair industry with years of experience, but should in no way be relied upon as fact. do some research and you might find some scientific backup, as in certain establishments performing experiments on stressed metal, etc. good luck with your suit. |
I had a similar situation a few years ago. Bought a Certified Dodge that turned out was in an accident before I bought it. I was a little upset when I ran the CarFax. The truck looked and drove perfect so it really didn't bother me too much
Then 3 weeks after I bought the truck an old lady in a Cadillac cut me off. I'm happy with the truck tho. I can tell it was painted but I don't think the average person would be able to tell that it's ever had body work. |
Just though you might want to read this article. It seems to be similiar to you situation.
New Jersey Sues Four Sansone Auto Dealers. Sanson Auto Mall on Rte 1, amongst other Sansone dealers, is being sued for not disclosing that used cars it sold had prior damage. http://www.1010wins.com/pages/371352...tentId=3402972 |
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You should really find the previous owners and get some actual evidence of the wreck - pictures, repair bills, etc. You'll go far further in the courtroom with that than you will with two conflicting Carfax reports. - Justin |
that happened with our house. we were told it was all legal and perfect and whatnot...both our rear sheds r illegal so we had to get permits for them...alot of money for permits...and the basement leaked bad during heavy rain and it cost us like 4k in damage, carpet pipes, cieling tiles..bunch of chit. and we sued the people and got like 30k back or something like that.
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Also did depth test mud is on all panels.... I work at a body shop... I bought the truck before I was heavy in work. |
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