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  1. #1

    Default Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

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

    I bought a BMW 645ci on 2009/jun from a car dealership

    It had 58800 miles when bought, now is 60800

    Bought used, Financed.

    The car costed 30K out of the door.

    I was disclosed with a carfax report from the dealer, showing Clean title, no accidents, everything perfect. ( i still have a copy of the carfax the dealer showed me)

    The dealer is a small dealer (not those Toyota or honda)

    I just ran a autocheck.com report on my car and found out that the car had an accident on april, and it shows unibody frame damage.

    The dealer never told me that, and apparently lied to me with the carfax report and saying the car is in excellent conditions and no accidents or problems.

    Please get back to me, I can provide more information if needed.

    What should I DO?

    Thank you for your time pals.

  2. #2
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    is it possible that the dealer was also unaware of the April frame damage? it may take 90 days to show up on carfax.

  3. #3

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    After doing extensive research...

    I found out that a website, showed a page with the car for sale in auction, and it shows in the bottom the unibody damage.

    It is translated by google.

    http://translate.google.com/translat...hl=en&ie=UTF-8

    Is there anyway I can get the dealer buyback the car or further actions? I have no problems paying the mileage I drove, and even losing 100% the taxes I Paid, I just want to have a CLEAN Car.

    Any Professional Advice please?

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    There are about 4 other places besides Carfax where you can check the title including autocheck.com. There are a couple of free ones, one government. Do a search.

    There was just a report on television about how many times CarFax is wrong saying there has been no accidents when the car was totalled. I think CarFax is ripe for a nice class action suit. The lead plaintiffs really make out.... hint hint.

    Take it to a BWM dealer/authorized repair shop and have it inspected. Get a report in writing.

    Also, have them check all the VIN numbers on the other parts of the car. Some locations are confidential and I bet you will have some surprises.

    If the dealer is honest, he should buy back the car. If he doesn't want to, I would suggest that I (you) will sue him for fraud, misrepresentation and whatever other torts are available. This goes way beyond lemon law, which I think is for new cars only. (You need to research that too.) I would also say I will report it to BWM and see how BWM like's it. I would suggest that BMW will audit his entire inventory by the time you are done and we'll know how many other salvage vehicles he is selling. Tell him in your law suit you will do discovery on every single piece of paper and electronic data he has and see how all that will help his business image.

    Or you could agree to keep the car and release him from liability for a nice big refund of half the purchase price. After the above he will probably jump at it.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,925

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    The used car dealership's response when faced with this type of claim is often, "We didn't know about the damage; we showed the buyer the Carfax report and it was clean, but it says right on the report that some information may not have been reported to Carfax. The buyer had the opportunity for an independent inspection before he bought the car, and chose not to get one. Other than transferring the remainder of the warranty (if applicable), the car sale was on an 'as is' basis."

    It thus helps to have evidence of actual misrepresentation. Not just "The Carfax report they gave me showed no problems," but that they further claimed that the car had not been in any accidents or that they had actual knowledge of an accident and nonetheless used the Carfax report to mislead you.

    I haven't researched this particular claim, and it may be affected by your contracts with the dealer, but you may be able to claim "mutual mistake" as grounds for rescission of the contract. That is, both you and the dealer thought that the car had not been in an accident, the existence of accident damage was material to the transaction, and that the contract should be set aside due to the mutual mistake.

    There's a potential claim of fraud - they knew of the damage and actively misrepresented it to you, either by claiming "there's no damage" or by giving you a Carfax report they expected to mislead you.

    For a $30K claim, it's worth a consultation with a lawyer to investigate possible causes of action and see if the terms of your contract limit your remedies.

    Make a copy of that Russian page, both in its original and translated format. It appears that the car came back under the lease after the accident, and was then resold - I'm assuming you purchased through another dealer, but the "Financial Services Remarketing" seller listed on the Russian site was clearly disclosing the damage. If your dealer purchased the car directly from the remarketing company, it's difficult to believe that they didn't know of the damage.

  6. #6

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    Mr. Knowitall,

    Great Advise,

    I will get a lawyer involved in this case.

    Before I do That,

    Should I try to go to the dealership and deal with them first? or I get the lawyer first then go to the dealership?

    If go to lawyer first, what is this specific area of expertise called? Any recommendation for Bay Area, CA?

    Will I have to pay anything upfront to get the lawyer? if so, how much aprox?

    Thanks!!!

    Mr. Knowitall,

    I did further research on this dealership, (could I disclose here the dealer name and location???)

    Since I have purchased an unlimited autocheck, I checked several cars they have in inventory, on their website with its VIN #. I have already found out that 5 of those shows Frame Damage Body and same purchased from auction...

    Will this give me a better chance to resolve this issue or make my side weaker?

    Thanks Mr. Knowitall You are a great help for this community.

  7. #7
    Join Date
    Jul 2009
    Posts
    1

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    Hi IHAVEAQUESTION,
    I am in the same situation. Just bought a 2008 infiniti a month ago for about $30K. Drove it for about 3K miles. And now, I have found out that it had frame damage. The dealer did not disclose, nor did anything show up on CarFAX (There really needs to be a better way for CarFAX to catch these problems). How did you find out the auction site where you car was bought? I am trying to gather as much information about my car as possible. I am thinking of suing the dealer if he does not refund my money.

    Thanks

  8. #8

    Default Re: Dealer Sold Me Frame Damage Car, it Was Not Disclosed and I Was Not Told About It

    A simple google search of the VIN# showed AC European had this car. Did you sign any other documents other than the as-is no warranty form that states this vehicle may have had prior damage, etc...?

    I just Autocheck'd their inventory and 90% of their stuff came back dirty. They hide behind the Carfax.



    Quote Quoting IHAVEAQUESTION
    View Post
    Mr. Knowitall,

    Great Advise,

    I will get a lawyer involved in this case.

    Before I do That,

    Should I try to go to the dealership and deal with them first? or I get the lawyer first then go to the dealership?

    If go to lawyer first, what is this specific area of expertise called? Any recommendation for Bay Area, CA?

    Will I have to pay anything upfront to get the lawyer? if so, how much aprox?

    Thanks!!!

    Mr. Knowitall,

    I did further research on this dealership, (could I disclose here the dealer name and location???)

    Since I have purchased an unlimited autocheck, I checked several cars they have in inventory, on their website with its VIN #. I have already found out that 5 of those shows Frame Damage Body and same purchased from auction...

    Will this give me a better chance to resolve this issue or make my side weaker?

    Thanks Mr. Knowitall You are a great help for this community.

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