What are my right regarding non-disclosure of a previous car accident by a dealership?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my right regarding non-disclosure of a previous car accident by a dealership?
I bought my car 3 weeks a go from a dealershop. I did ask if there was any accident with the car and the sale person said no that there wasn’t. I didn’t ask for a carfax report either just pretty much relying on the verbal disclosure.When I decide to trade in this car for another one with another dealership, they ran the carfax report and find out that there was an accident listed. What is my right in this case? And what action should I take? Do I have the right to ask for a full refund in return of this car? What if the dealer said no, they won’t refund it? What proof can I provide that they did not show me the carfax report and that they didn’t disclose to me the accident since it’s all verbally done.
Asked on August 10, 2012 under General Practice, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all state sin this country, the seller of an item is required to disclose all material aspect of the item to all potential buyers affecting value or desirability. Given the fact that the car was in a prior accident the seller should have disclosed this material fact to you if the seller knew before the sale went down.
If the seller knew such information you and did not disclose this to you, you would be entitled to cancel the sale possibly. The hard part is proving that the seller knew about the prior accident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.