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Can I sue private car dealer for not disclosing prior accidents with airbag depolyment?

Newburgh, NY |

I bought a car 2 1/2 years ago from rivate dealer. Paid off my loan and went to trade in and found out the car was in 2 accidents prior to my purchase and airbags were deployed.I asked the dealer and was told he pulled a carfax report and no accidents were reported? He did not tell me the truth or I would not have bought the car. Can I sue him now for the money I put into the car?

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Attorney answers 3


You may be able to get back more than just money you put into the car -- namely, rescission along with potentially additional compensation known as punitive damages. I suggest you contact a local consumer law attorney that hAndles dealer fraud cases. Good luck.

DISCLAIMER: This reponse is for informational purposes only and cannot be treated as legal advice. Legal advice depends on the specific facts of the particular matter at issue. Accordingly, you should not rely on or act on any information provided herein without consulting with legal counsel that is licensed to practice law in your jurisdiction. This response does not create an attorney-client relationship between you and the Law Office of Arthur J. Obolsky.


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Although you have delayed in pursuing a case, if you have proof that the dealer knew about the accidents and failed to disclose them to you, you may file a claim now to rescind the sale based on the nondisclosures. The dealer might be able to defend such a claim by arguing that even if there were nondisclosures about the accidents, they were not material because you have been able to operate the car for the past two and a half years. Punitive damages in New York would not be available in such a case unless the dealer's nondisclosure was wilful and part of a pattern of similar conduct directed at the public generally.