Sales Agreement states that Information on the window form is part of this contract. The Agreement also states that the dealer had no knowledge of and no representation of the vehicle unless checked and that was not checked including that it was previously a rental vehicle.
Until speaking with the General Sales Manager, the dealer continued to deny knowing that the vehicle was involved in a collision. The GSM changed the dealership's story and claims that the AutoCheck is provided on all used vehicles and that it shows the vehicle was involved in an accident.
The dealer never disclosed that the vehicle was involved in a multiple airbag deployment accident, that the vehicle was disabled and towed. They sold us the vehicle stating that it was covered for the remaining miles on the manufacturer warranty (36k miles bumper to bumper and 100k power train). They then sold us an extended 85/+100k.
Manufacturer Warranty has a restriction from any repairs associated with the VIN because of the accident. Extended warranty does not cover damage due to collision.
I have reason to believe vehicle was sold without airbags. At this point I don't see how it isn't fraud/lemon law/etc
It sounds like you may have a viable fraud case against the selling dealer. If so, you may be able to take action against them and require them to pay your attorneys' fees. I would suggest visiting www.carlemon.com for additional information and to confer with a consumer attorney.
Respectfully, used cars are not covered under the Florida lemon law. However, if what you have delineated in your question is correct, you may have a claim for misrepresentation. I am certainly bothered by the fact that they represented to you that you had the balance of the manufacturer's warranty when they knew or should have known that there is a restriction on repairs due to the prior damage to the vehicle and that they sold you an extended warranty which will not cover damages due to collision. I would be interested to see if they had you sign an "AS IS" form which is required to be signed with used cars and exactly what that form as well as, the other sale documents state. This is really a consumer protection or contract and agreements case not a lemon law matter. You really need to consult with an attorney immediately who has experience with these types of cases and discuss your options. You may be able to rescind the purchase and sale, potentially pursue a claim for damages for misrepresentation and there may even be a claim under the Florida Unfair and Deceptive Trade Practices Act. Your attorney can advise you about all of your potential claims and options.
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