On Nov 4, 2012, I purchased a certified pre-owned 2011 BMW M3 with 32K miles from a BMW dealership in the San Francisco bay area. The dealer showed me a Carfax that was clean, with no previous accidents or title issues. The car has been largely trouble-free in the years that I've owned it, so I obviously had no reason to suspect anything.
In August 2017, I was contemplating selling this vehicle. I obtained an updated Carfax and to my surprise it showed an accident, just days before the Nov 4, 2012 purchase date! I'm aware that accidents aren't reported to Carfax immediately, but I find it hard to believe that the BMW dealer wasn't aware of the accident and the possible fixes that were made to the vehicle to certify it for sale.
I haven't contacted the dealer but I assume they would claim they were unaware of the accident (since the original Carfax didn't show anything).
Given that this happened over 5 years ago, I'm not sure if I have a case here, but would like to hear from knowledgeable attorneys on whether this is worth pursuing in terms of legal action.
Sorry for your issues. We see this all too often. While you are right, dealer is likely to deny knowledge, the question is then, since dealer was fooled by someone else, "why should you be the victim?" The answer is "you don't." Make sure you only WRITE to dealer about this and keep all writings. Here is a YouTube channel on this and other issues, that may help:
Good luck with it!
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