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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55444
Experience:  Practicing lawyer for 31 years
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I bought a BMW from a dealer last November for $26,000. The

Customer Question

I bought a BMW from a dealer last November for $26,000. The financed amount was $ 19,000 (approx). I paid off the amount in April this year because my mortgage financier required me to do so. Now I want to get a Lowe mileage car. When I asked for a trade price the new dealer informed me that after checking the history of the car he found
1. The car had been involved in two accidents previously
2. In the first one air bags were deployed and the car had to be towed. The accident resulted in frame damage.
3. Frame/unibody damage records were found
4. Auto Check reported that this vehicle had a loan/lien or duplicate title issued
None of these were disclosed tome and I bought this in good faith. I bought this car because it had low mileage and the price was competitive with others in the market. Now CarMax appraised it at $11,000
What recourse do I have against the dealer for not disclosing prior damage to the frame?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 year ago.

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Expert:  insearchoftheanswer replied 1 year ago.

You do have recourse in this situation. You have the right to terminate the transaction and return the car with a full refund of your money. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the car. Previously being in accidents and having title issues are clearly things the seller knew or should have known about and clearly qualify as material items that a reasonable buyer would consider in making their decision. You want to raise the stakes on your seller by sending the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand they take the car back and refund your money in full within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that if forced to file suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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