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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi and Thanks I bought a 2004 jeep 7 months ago and was shown

Resolved Question:

Hi and Thanks
I bought a 2004 jeep 7 months ago and was shown a clean carfax,I realized today the vin on the report does not match my truck,I then got the correct carfax for my truck and it shows a front end collision and insurance total. Im in the process of filing a complaint with the Colorado AGs office but the form tells me to first try to resolve this with the dealer But i dont want to approach them without the proper advice.I was not shown a disclosure affidavit,should I insist on reimbursement beyond financial loss as the vehicle has needed repairs since,u joints,tires, alignments and my family could have been seriously hurt. Scott
Submitted: 8 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Scott, if I may ask, did you purchase any sort of a warranty with this vehicle? And do you believe the dealer knew but failed to disclose these defects?
Customer: replied 8 months ago.

Dimitry


The vehicle was purchased used as is, I am quite certain as I look back that he in fact certainly knew the report he gave me was for a different jeep.

Expert:  Dimitry K., Esq. replied 8 months ago.

Scott,

 

Thank you for your patience and your clarification. In this situation all you need to do is contact their front office and speak with the general manager directly. Provide them with copies of what you were initially given and what you found, and demand recourse. Examples may include a full refund (not a partial), or repairs at their expense if at all possible, and any costs you had based on direct repairs. You generally cannot ask for incidental costs unless you later file suit, unless you can directly trace it to the repairs. Then if they fail to accommodate and deal with this, then go back to the AG's office. I rather suspect the dealer will accommodate one you inform them that you've already gone to the AG's office and they suggested you go to them first. Then they have a healthy interest to keep this from becoming a potential investigation by the AG's office, as that may end up costing the dealer far more in resources and costs as well potential fines or even loss of license.

 

Hope that helps.

Customer: replied 8 months ago.


The law in Clorado states that in the instance of a repaired or salvaged repair vehicle sale ,a disclosure affidavit must be shown to and singed off by the purchaser,should I seek or threaten punitive damages from these dishonest dealers.

Expert:  Dimitry K., Esq. replied 8 months ago.

Scott, Thank you for your follow-up.

 

Before you start to threaten you may want to point out what you have done, what you know about the law, and see what they offer. You can always escalate and threaten, but starting negotiations that way perhaps may not be the most pragmatic solution. That is not to say you wouldn't be in the right, but perhaps pursuing it via diplomacy first can get them to agree to take the car back without any further issues. Otherwise you can simply and objectively explain to them your options, but never threaten--simply point out that those are an option. If you threaten, they can claim duress. But if you point out options and demand recourse, that by itself is generally sufficient for them to understand that you are taking this most seriously, and so should they

 

. Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37118
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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