Consumer Protection Law

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I purchased a 2013 challanger about 7 months ago. It was

Customer Question
used and had somethings wrong...
I purchased a 2013 challanger about 7 months ago. It was used and had somethings wrong, I talked to the dealer i bought the car from about them at time of purchase. One problem was that the car had a vibration. I was to told they would fix at there ford
dealership. My other vehicle was in the shop for 4 months so it was that long before I could deal with this car. It was still under manufacture warranty so I took it to the Dodge dealership down the road from my home.It was then I found out this car had been
wrecked twice and that the vibration can not be fixed. The dealership I bought the car from said they had car fax saying nothing was wrong with car.so they are not responsible. It took one phone call to the original owner to get this information. He worked
for the Dodge dealership the car originally came from and as there employee they kept the wrecks of the vin number and all car fax reports. The Ford dealership I bought the car from has offered to find me another car, but its going to put me upside down thousands
of dollars to do this. They refuse to just take car back and return full amount to my bank so I can just find another car or do a collateral swap. The Dodge dealership working on the car cant fix it or determine what the problem is so they cant say if the
car is safe to drive. I wouldnt feel safe driving it. So Im paying for a car I cant drive. I believe both dealerships or responsible for this. The dealership not reporting wrecks on vin number and the dealership I bought the car from. There were some signs
of paint work on the front bumper but the salesman implied that they painted some sratches on it. I need help what or my options and legal recource.
Submitted: 2 years ago.Category: Consumer Protection Law
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Answered in 44 minutes by:
10/2/2015
Consumer Protection Lawyer: Attorney 1, Attorney replied 2 years ago
Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2,601
Experience: Knowledgeable and Experienced Attorney
Verified

Hello and welcome. I am a licensed attorney and happy to assist.

I'll start by saying what it sounds like you already know, which is that you are clearly in the right and have legal options.

It is unclear how the Dodge dealership was able to ascertain the car had been in a wreck (twice) without a Carfax report reflecting this. if you subsequently ran the Carfax report and found information concerning one or the both accidents, you would have a clear-cut cause of action against the dealership that sold you the car for recission of the sale and for fraud. Even though the dealership claims they were in possession of a clear Carfax report at the time of the sale, it would be interesting to check, yourself. If something shows up, the dealer would not only have to refund your money and pay any foreseeable damages, but could be liable to you for treble damages for their fraud. Also, the dealership would still be responsible, even in the face of a clean Carfax report, if the damage to the vehicle was such that they should have known from their initial, general inspection. It sounds as though a reasonable dealership inspection would've turned up the defects since the second dealership was able to figure it out. An even stronger case against the dealership can be made if that "touch up paint" was really an attempt to cover up more serious damage.

If the Carfax report was really clean, and the accidents could not have been discovered by reasonable dealership inspection, then the person or entity is responsible for reporting the accident that did not do so are the ones on the hook.

If you do not get the resolution you seek from the dealership, you can take the next step and sue in court for your damages. The results of your own Carfax report will determine which entities you will want to name in the complaint. A good rule of thumb is to be over inclusive, rather than under inclusive. That way, if you cannot determine which entity is specifically at fault, or if there may have been liability by both, the court will make that determination and allocate liability accordingly. In any event, you are entitled to rescind the contract, get your money back, and may be entitled to damages for fraud in triple the amount otherwise awardable, and it does sound like that's the case.

I hope this information helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance.

Good luck!

Best,

Attorney 1

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Customer reply replied 2 years ago
I need a local attorney that handles this type of case. Not looking for a specific referral just a few firms that I can call. Nederland Tx or Beaumont Tx
Consumer Protection Lawyer: Attorney 1, Attorney replied 2 years ago

Side policy prohibits me from providing a list of law firms, but I am happy to provide you some referral sources from which to choose. The first source I recommend is the Jefferson County Bar Association. They have a lawyer referral service and I think you will find exactly what you need. The Jefferson County Bar Association is on the web at ww.jcbar.org. You can also contact their lawyer referral service at(###) ###-#### The Bar Association will be happy to provide you with a list of potential attorneys from which you can choose.

If you need anything further, just let me know. I’m here to help.

Best,

Attorney 1

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Attorney 1
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Category: Consumer Protection Law
Satisfied Customers: 2,601
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