Skip to main content

I bought a car from a dealership, ran a carfax and its been in two wrecks. What can I do?

Indianapolis, IN |
Filed under: Lemon law Used cars

I bought a saturn ion 2 from a dealership and they told me it was a clean no damage car, when i ran the carfax on the car because of the many issues that keep coming up with the car i found out that the car was wrecked not only once but twice by the 1st and 2nd owners.

Attorney Answers 2

Posted

The lemon laws of your state won't apply here - they only apply to new cars that buyers fix multiple times and can't get the dealer to fix.

Here, bought a 5 year old used car, probably priced low, and probably sold "as is." That was your cue to do your due diligence and have your own mechanic inspect it, review the CarFax report and all the maintenance records, test drive it under varied conditions, etc. etc BEFORE deciding to buy it.

Proving they defrauded you requires you to show that they intentionally misrepresentated material facts that you reasonably relied on and that damaged you, which means you'd have to show they knew about these wrecks, and told you otherwise, and that you were reasonable in believing them, even though you apparently did no investigating of your own. Fraud requires a higher standard of proof, "clear and convincing," and I'm guessing "they" will deny telling you anything about the car being "clean, no damage," so that will be a very difficult thing to do.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Mark as helpful

Posted

When were the prior two collisions?

For example, if the dealer that sold you the car, purchased the car as a salvage/wreck from an auction, and then had the car repaired themselves before selling it to you, then you might have a case, because the dealer knew of the prior damage, and did not disclose it to you.

If the collisions were in the distant past, and the dealer is not linked to them, or should have had knowledge of them, then your facts are much weaker.

I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.

Mark as helpful

Lemon law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics