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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I pulled my wifes Autocheck report last week on a car she

Customer Question

I pulled my wifes Autocheck report for her last week on a car she paid full price(28,888USD) on, charged a total of 44,500 after 3% interest.
Come to find out it has Major "Unibody/Frame Damage". The dealership Dick Hannah sold it to her knowing this damage occurred due to the auto report stating that they, "Announced at auction to have sustained structural damage". The car was used commercially until the accident in 2012. Dick Hannah is sponsored by Carfaxs' buyback guarantee and so they had one ready before the bidding of this car. Even though the aution papers stated it was in a severe wreck the carfax did not reflect this(nor that it was a Fleet vehicle). They then sold this car to her 87 days later at full price with a three year warranty.
I arrived to said stealership to ask for more info and they presented me with a new carfax that states it was used for fleet and was in an accident. That carfax received the report in 2012, days after the accident and repair occurred but did not begin reporting this accident and repair until Feb, 2015.
If she goes to Dick Hannah, she will recieve a new loan and have the left over balance from this car tacked onto it. She cannot get her money out of it in a private party sale due to these blemishes. She has been paying $52 more for her insurence due to this issue.
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Consumer Protection Law
Customer: replied 11 months ago.
This is the documentation backing my claim.
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this situation.

In reviewing your post I am somewhat uncertain as to the sequence of events surrounding the transaction.

If I understand correctly, your wife was sold the car with an fraudulent auto report showing incorrectly that the car was not used as a fleet car, and was not in an accident. You then returned to the dealership after finding a differing report (I assume online or some other source), and the dealer showed you a different report (from the same service as the first one) but this time it DID show the accident and the fleet use.

If my understanding is correct, your wife would have a cause of action against the dealership for "fraud in the inducement" (the dealer made a false representation of a material fact (or facts) with the intent that your wife rely on those representations to her financial harm). If she is successful, the contract will be deemed "voidable" (as the injured party, your wife can void the contract or enforce it at her option).