Consumer Protection Law

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I bought a Certified Pre-Owned Audi from Penske West Covina…

Customer Question
I bought a Certified...

I bought a Certified Pre-Owned Audi from Penske West Covina Audi a year ago. I just recently took it to Car Max to sell and the report they pulled stated that it had been in an accident and also stated that it was very apparent as the front bumper did not exactly match the original paint. Audi never disclosed this. I spoke with Audi after not mentioning what I had discover and they stated that cars that had been in accidents would not be certified. I paid cash for the car and over the last year my car has depreciated over 50%. What can I do?

Lawyer's Assistant: What state is this in? And how old is the car?

California, 2014

Lawyer's Assistant: Have you contacted the manufacturer?

My husband emailed Penske anonymously a couple of days ago and has not received a response.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t believe so

Submitted: 5 months ago.Category: Consumer Protection Law
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Answered in 9 minutes by:
11/17/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 5 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 123,338
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Generally a used car purchase is considered as is with the exception of what the warranty covers. However, there are still some implied warranties that apply, one of which is the implied warranty of good faith and under that warranty, if you just discovered this, you can seek to claim the difference in the value of the car without the accident and with the accident from the dealer. If the dealer refuses to pay, then you can seek to sue for breach of the implied warranty of good faith as well as unfair and deceptive practices, since as they pointed out, they CERTIFIED the car and as such they are liable for their certification.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 5 months ago
I also paid more for the car because it was a CPO.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 5 months ago

Thank you for your reply.

Of course you did and as I said your demand would be for them to reimburse you the difference in value of the car based on their misrepresentation of never having been in accident and certifying it.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 123,338
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Experience: Attorney experienced in commercial litigation.

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