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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110462
Experience:  Attorney experienced in commercial litigation.
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we bought car. car dealer did not disclose anything about accident

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we bought car. car dealer did not disclose anything about accident that car was involved in. year later when we tried to trade car for better fuel efficiency car, value of car is significantly down because of accident. what are my rights?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did the dealer provide you a car fax report or did you ask about any damages and the dealer misrepresented the damages?
Customer: replied 2 years ago.

My husband said he remembers that they shoved him clean car fax. when i asked about this last week he said he is not required to say anything because it did not happend in his (car dealer) possesion?

Thank you for your response.

The dealer is correct that in a used car sale in Missouri is considered as is, which means it is up to the buyer to beware as the courts state. The exception to this is if the dealer knew or should have known about the damage and if they intentionally deceived you with a clean car fax or intentionally failed to disclose and misrepresented when you asked them about it. In that event, the dealer has violated the implied warranty of good faith and would be liable to you for that as well as an unfair and deceptive business practice for which you could report them to the dealer licensing unit of the DMV in addition to the Attorney General on top of suing them for the damages their misrepresentation caused.

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