Non-Disclosure of Accident

[Bobby_O]

I bought a car in July of 05. He NEVER not once stated that the car had been in an accident. However, I do remember pointing out "minor" issues with the body of the car (things very noticable) He still never said it was wrecked but he did say that if I purchased the car at a higher cost (much higher) he could get that fixed (just front and rear bumper scuffs- very noticable) But I was'nt too concerned. The car seemed to be in great condition, not even 50,000 miles. . .very clean on the inside. And it was just what I was looking for in the right price range. I test drove it, and felt that it would be reliable. (I had an accident and had been without a car over a month - I was ready for a ride!) I looked some more and came back a few days later and purchased the car. A few days after that, I finally had the chance to clean and scrub the outside. Thats when I noticed EVERYTHING! this car looks as if it were T-Boned, and possibly totalled. But I didnt get a salvage title. I say totalled because, I noticed there were wasp nest inside the door panel (where the hinges are on driver and passenger side) Makes me wonder how long it had been parked. And there was a door that was shut so tightly as if it had'nt been open in a long time. Instead of me discribing every detail. . .Let me just say this, I know for a fact it was wrecked. Possibly severe.

My question is this. . .Is there some sort of law stating that a dealer (even if the car is used with no warranty) must tell buyer that car had been wrecked? Carfax found 12 records. (I dont know what they are) I dont have acredit card.

Please, is there anything I can do now before my car becomes junk?

[Mr. Knowitall]

My guess is that, if you pressed the issue, the dealer would deny knowing that the car had been in a major accident. You probably also purchased the car "as is", which complicates remedies.

In a case discussing consumer rights relating to defects in used cars, a federal court observed,

[T]he South Carolina courts have made clear that a duty to disclose arises in only three circumstances:

(1) where . . . [there exists] a preexisting definite fiduciary relation between the parties; (2) where one party expressly reposes a trust and confidence in the other with reference to the particular transaction in question, or else from the cir- cumstances of the case, the nature of their dealings, or their position towards each other, such a trust and confidence in the particular case is necessarily implied; (3) where the very contract or transaction itself, in its essential nature, is intrin- sically fiduciary and necessarily calls for perfect good faith and full disclosure without regard to any particular intention of the parties.

Jimenez v DaimlerChrysler Corp, 69 F.3d 439, 451 (4th Cir. 2001).