Do I have a claim or what are some options I can take?

Asked 7 months ago - Dickson City, PA

Bought a used car November 2013 from a dealership. Since then it has been in the shop 5 different times. I asked to be put into another car and they told me I was able to trade it in. So i then took it to another dealership to see if i could trade it in and i was told this car was unsafe and unreliable due to it being in an accident. (Structural damage stated on carfax) They told me to take it back to the dealership. I then took it back to the dealership and they told me they didnt know it was in a accident due to the fact they use another form of carfax that stated no accidents. They dont want to take responsibility due to the fact they sold me an unsafe vehicle and knowing i had children in it. What actions can I take?

Attorney answers (3)

  1. Christina Gill Roseman

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The dealership can't get out of responsibility for frame damage by saying it wasn't on the carfax. It doesn't matter if it was on the car fax or not. The Pennsylvania Unfair Trade Practices and Consumer Protection Law says a dealership can't sell a car if it knew or should have known there was frame damage. I have had many cases where the dealership denied they knew about the frame damage but I was able to prove that they should have known. Contact a consumer attorney who specializes in fraud, but do so quickly. There are attorneys, such as myself, who represent consumers for fraud cases who do not charge any fees or costs to consumers. You can also learn more about car fraud on my website.

    This response does not create an attorney-client relationship.
  2. Timothy John Abeel Jr.

    Pro

    Contributor Level 7

    Answered . You can file a fraud action against the dealership. Call a consumer attorney for a free case evaluation, send them all of your documents for the vehicle. An attorney in this area of the law can assist you with this type of claim so that you can be made whole and receive additional damages if fraud is proven.

  3. Robert A. Rapkin

    Pro

    Contributor Level 6

    Answered . The million dollar question is “Did you ask if the car was in an accident prior to purchase?” if you did, and the dealer knew or should have known of the accident, then you have a potential claim against the dealership under the Unfair Trade Practices Act and/or common-law fraud.

    If the five aforementioned repairs were for the same issue and covered under the manufacturers warranty, you may also have a claim under a Federal Law known as the Magnuson Moss Warranty Act. This would enable you to go after the manufacturer for monetary compensation to reflect the diminished value of the vehicle as a result of the defect. The legal representation under the Magnuson Moss Act is completely cost-free.

    I agree with both other attorneys that you should reach out to counsel to explore your legal options. I wish you the best.

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