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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118731
Experience:  Attorney with over 24 years of law and traffic law
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We bought a used car from a dealer with a clean car fax.

Customer Question

We bought a used car from a dealer with a clean car fax. When we received the New York State Title, it cited that the mileage reported is not correct. New car fax stated that the car is "branded"
What recourse do I have?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years 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.
If the title is branded, then that means the seller could be in breach of the implied warranty of merchantability and implied warranty of good faith, as the car is not fit for its intended purpose and it is not able to be resold as a used car with clean title. So, even though it may have been a used purchase, which is an as is sale, these implied warranties apply and you need to return to the dealer and demand a refund. You need to inform the dealer that if they refuse, you would be filing a complaint with both the NY Attorney General Consumer Protection Unit and the DMV Dealer Licensing Unit for them selling a car with a branded/marked title without informing you as such and you would sue them for up to triple damages for their unfair and deceptive business practices.