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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Dealer Showed Clean Carfax but Car Has Been Wrecked

    My question involves a consumer law issue in the State of: Colorado

    So I bought a 2007 Sonota and asked to see the carfax. The carfax showed it was a clean never wrecked, never repaired. Now after 4 months of owning the car, the paint is peeling off above the read tire on the driver side, and if you look at it from the side in the sunlight, you can clearly see a crack that was repaired. Like the body paneling broke, and someone put bondo and repainted it.

    Now, my question is.. I want the dealer to fix the paint that is chiped and peeling off, but I don't know if they will or have to considering the previous owner could have wrecked it and not reported it and got it fixed themselves. Am I SOL or can I see if they will repaint the small area since the crfax was clean?

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    You could try getting your own CARFAX, to see if it matches the dealer's. If the dealer's version omits a collision your CARFAX shows, that's fraud.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    Well, have you run a carfax on it since you bought it ... if it now shows it was damaged then you may conclude that the report they showed you was false (if you have it). Otherwise, no unless they claimed that no work was done before (and in writing). You buy a used car .. you are really buying as-is.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    The dealer would have printed out a copy of whatever information was available through CARFAX. So far we have no reason to believe that the dealer modified the information obtained from CARFAX. Did the print-out include the usual CARFAX disclaimers?

    That said, if you can establish that the dealership presented false CARFAX data, you have a plausible case for rescission and possibly for additional exemplary damages based upon fraud. If not, and you and the dealership were both operating under the mistaken belief that the car had never been in an accident, you may be able to sue for rescission on the basis of "mutual mistake" - some states have case law explicitly allowing such a lawsuit under these circumstances, but I have not seen anything on point from a Colorado court. (There may be something; I don't have access to a full library of Colorado case law.) If all you want is for the dealership to fix the paint, giving up any other possible remedies, if I were the dealer I would go for it.

  5. #5
    Join Date
    Sep 2010
    Posts
    9,664

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    Carfax won't tell you a car has never been wrecked. If the dealer represented the report that way, you might have a cause. If they just said clean Carfax, then you've got no case. All Carfax does is mine the ownership paperwork and will catch multiple owners and any title things like Salvage titles that indicate the car was totalled. If the car wasn't totalled and just repaired, Carfax usually has no way of knowing that.

  6. #6
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,908

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    Quote Quoting flyingron
    View Post
    Carfax won't tell you a car has never been wrecked. If the dealer represented the report that way, you might have a cause. If they just said clean Carfax, then you've got no case. All Carfax does is mine the ownership paperwork and will catch multiple owners and any title things like Salvage titles that indicate the car was totalled. If the car wasn't totalled and just repaired, Carfax usually has no way of knowing that.
    Carfax will know if a car had been in a minor accident. Carfax will report if a vehicle even had frame work performed without the insurance company totaling the car out.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    I doubt carfax would show any do-it-yourself repairs either....I've changed engines in cars .. I doubt car fax would see this..

  8. #8
    Join Date
    Sep 2010
    Posts
    9,664

    Default Re: Dealer Showed Clean Carfax but Car Has Been Wrecked

    Quote Quoting Who'sThatGuy
    View Post
    Carfax will know if a car had been in a minor accident. Carfax will report if a vehicle even had frame work performed without the insurance company totaling the car out.
    Not necessarily. They have NO way of knowing all repairs done, even if they were substantial.

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