What can I do about a dealer misprepresenting a vehicle I purchased?
A few months ago I purchased a 99 Honda Accord with 184000 miles on the odometer. A couple of days after I got it home, the check engine light came on and it needs a new tranny. Fine, I took that risk when I purchased it. It has been sitting in my driveway until last night I took it to a dealership to try to trade it in expecting to get at least 1200 for it. They offered me 700 because of the carfax. As it turns out in 2011 someone turned the odometer back somewhere around 100,000 miles! My car was also registered in a flood disaster area and has what looks to be flood damage to the bottom of it. The new dealership told me it was probably flood damage that someone paid out of pocket for so that they didn't have to report it to the insurance. I also saw that 2 or 3 days prior to picking the car up, it failed an emissions inspection and then 2 days later conveniently passed! My assumption is they turned off the check engine light to get it to pass and after I put so many miles on it, there it was. They claimed to have put a rebuilt engine with 80k miles on it but I never saw any proof and nobody reported it to carfax. If they had done that, would they not have known that the odometer was rolled back? And if they didn't put a newer engine into it, isn't that misrepresentation in itself? I'm trying to find out if there's anything I can do to get my money back from them? Is these a case a lawyer would take?
Get the Carfax BEFORE you buy a car.
Unless you have a WRITTEN warranty, you're out of luck. The dealer is just going to say that they were unaware of any of the problems…
The dealer probably bought this car at an auction and had no knowledge of its previous history. There's nothing in the law that REQUIRES a dealer to check Car Fax or do anything out of the ordinary before selling a used car.
The rest of your story is pure BULLCRAP! Unless you have PROOF of all these accusations you don't have a legal leg to stand on. Used cars are sold AS-IS. YOU apparently failed to use due diligence to verify it's condition before you bought it, and it's YOUR problem now.
You should have paid for the carfax yourself or asked the dealership to get one on the car before you bought it.
Unless you can prove that the dealer had knowledge or should have had knowledge of the odometer turnback, you don't have a prayer in court. If the title is a salvage title, you might have a case, maybe. I'm betting the title was washed and is no longer a salvage title. Again, you would have to prove the dealership had knowledge of this and that isn't likely to happen.
Used cars are bought as-is no warranty implied. Says so right on the window sticker if you buy it from a dealer.
Having the odometer turned back is a huge crime. You sir now have this dealer ship by the balls. Find a good lawyer, for advice and ask if if you have a case. Save receipts and don't drive it. You could come out of this with a good amount of money.
Sic a lawyer on the car dealer.
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