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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4967
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I purchased a 2010 Ford Taurus two years ago and just recently

Resolved Question:

I purchased a 2010 Ford Taurus two years ago and just recently tried to trade at a different dealership and the dealership run a car fax and found that the car was a atotal loss back in 2011. At the time of purchase we were not made aware of the total loss and was given damage disclosure statement saying no damage was done to the vehicle. At this point what are my options and can the dealerhip where we purchased the vehicle refund us full amlount of the car. Plus any other damges. Is the dealershp liable.
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Do you happen to have a copy of the disclosure statement that you received?

If so, could you attach and send it to me using the paper clip icon?

Did you receive a warranty when you bought the car or was it sold to you 'as is'?
Customer: replied 10 months ago.

Yes we have a signed disclosure statement signed for by the dealership declaring no damges to the car. Unable to send at this time. don't have with me.


we had a factory warranty remaining at the time of purchase.

Expert:  Joseph replied 10 months ago.
Hello Scott,

You can successfully bring a cause of action against the dealership for breach of contract (as well as possibly fraud) for failing to disclose to you that the car had been declared a total loss, and instead misinforming you that the car had no damage.

Unfortunately, since you have driven the car for two years, you would only be entitled to receive the difference in value between the car being without any damage and having been declared a total loss. However, that is likely a substantial amount since you are unable to trade the car in as a result of their misrepresentation and failure to disclose that the car had been declared a total loss.

As I mentioned above, it's highly unlikely that the dealership would refund the full purchase price of the car, but you may be able to obtain a settlement from them without having to go to court if you want to try to negotiate with them first.

Otherwise, if your damages (difference between the car having been declared a total loss and having no prior damage) are less than $5,000 you can sue in small claims court.

The information here would be of great assistance to you in doing so:

http://www.legalaidnc.org/public/learn/publications/small_claims_court/Small_Claims_Chapter_1.aspx


If you want to claim more than $5,000, you'd have to file in regular civil court.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4967
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 17 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

We padi 32000 for the car and owe 25000 now How do we determine the value of the car had it been disclosed to us as a total loss. At this point no dealershp will trade with us with this history and my wife refused to drive the car

Expert:  Joseph replied 10 months ago.
Hello Scott,

Normally these differences in value are determined through the use of kelly blue book value by courts.

If the car was represented to you to be in excellent condition and it had been declared a total loss, you could likely receive the difference between the car value at excellent and poor.

You can determine that value using the site here:

http://www.kbb.com/ford/taurus/2010-ford-taurus/styles/?intent=trade-in-sell&mileage=46500&valuation=d&ref=http%3A%2F%2Fwww.kbb.com%2Fford%2Ftaurus%2F2010-ford-taurus%2F

(I was going to try to determine it for you, but you would need to enter the particular model, mileage, etc.)

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