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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31733
Experience:  16 years legal experience including consumer protection law.
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I live in Pennsylvania and purchased a car in Ohio. The dealer

Customer Question

I live in Pennsylvania and purchased a car in Ohio. The dealer gave me highlights of a carfax that did not show any accidents and stated that the vehicle had never been wrecked. I purchased the vehicle and after getting it home to be inspected I learned that there had been an accident, the car had a fire, a different motor put in and many other issues. I purchased my own carfax only to learn that somehow the accident was not displayed on his copy he handed me and the carfax I have clearly shows the accident reported. I would have never purchased this car knowing this information. Can you please advise me on what I can do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have reason to believe that the dealer intentionally misrepresented the condition of the vehicle to you by manipulating the document they showed you?

Did you purchase the vehicle "as is"?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Yes. I believe the dealer intentionally misrepresented the condition/history of the vehicle. It was sold "as is" with a 30 day warranty on motor, transmission, and differential. I would have never considered the vehicle knowing it was in an accident and especially on fire?


 


 

Expert:  Tina replied 1 year ago.
Hello again, Lisa, and thank you for clarifying that for me.

I have to agree with you about not wanting to purchase a vehicle which was previously on fire.

Normally, when a vehicle is purchased "as is", the rule of thumb is "buyer beware" and it is always best to have it inspected by a reputable mechanic and run a fax report on your own rather than relying on anything the dealer provides you.

However, where a dealer intentionally misrepresents the condition of the vehicle, including falsifying documents, that would typically constitute fraud, which would provide grounds to terminate the contract and sue for damages, including punitive damages, which can be very significant.

Since you live out of state, it would be best to retain an OH consumer protection attorney to represent you this matter.

If you do not wish to retain an attorney, then you could file complaints with the BBB and state consumer protection agency in an attempt to resolve the matter through those processes.

Here is a link to file a consumer protection complaint:

http://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-a-Complaint

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

Will the copy I have from the dealer of the carfax highlights be enough to prove it? It doesn't have his name anywhere on it, but it does show a date, which is the same date on the bill of sale since I purchased it only an hour after. My carfax was not purchased until 7 days later as a comparison. I just want to be sure this will be enough evidence. I'm sure if someone checked the carfax records it would should his dealership pulling a report, but I wouldn't have that access.

Expert:  Tina replied 1 year ago.
Hello again, Lisa.

That should be very good evidence and it can be verified through the discovery process once a lawsuit is filed against the dealer. Make sure you retain that report and show it to your attorney when you consult with them since it probably will be the key evidence in your case.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

Can the police help in any way? In Pennsylvania a state trooper will assist you to the dealership to resolve the matter.

Expert:  Tina replied 1 year ago.
Hello again, Lisa.

No, the police can not typically aid in this since it is a civil dispute. The OH state consumer protection agency could potentially take legal action against the dealership, including filing criminal charges, but otherwise the police would not normally get involved in this matter.


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Satisfied Customers: 31733
Experience: 16 years legal experience including consumer protection law.
Tina and 7 other Consumer Protection Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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