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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116812
Experience:  Attorney experienced in commercial litigation.
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I bought a car from a dealership in dec 2012. I just got in

Customer Question

I bought a car from a dealership in dec 2012. I just got in an accident and found out the car had previous frame damage from an accident before I owned it. The dealership never disclosed the accident or frame damage... is that legal?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Washington. No
JA: Have you contacted the manufacturer?
Customer: no the damage is from an accident not a manufacture defect
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was injured in the current accident and want to know if the dealership is partly responsiblwe
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem you have here is proving the dealer actually knew the car had frame damage at the time it was sold to you in order to seek to avail yourself of suing them for breach of the warranty of merchantability or breach of the warranty of good faith. So if you cannot establish they actually knew of the frame damage you could not sue them. If you could prove that the dealer knew, then you could sue them for breach of those two implied warranties and the damage that the failure to disclose or selling a defective vehicle caused. The problem with these suits is proof they knew of the damage at the time of the sale.
Customer: replied 10 months ago.
how could I prove that they knew
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Well, you can get repair records on the car and run carfax to see if they had this information prior to selling the car. This is the hardest part about succeeding in a case like this, proving knowledge of the seller.