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Found Evidence of Accident Damage, Inadequate Repair After Used Car Purchase

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  • 11-13-2013, 10:46 PM
    Disagreeable
    Re: Found Evidence of Accident Damage, Inadequate Repair After Used Car Purchase
    You are assuming they should have known. ESP is not admissible in court.
  • 11-13-2013, 10:48 PM
    jk
    Re: Do I Have a Legal Case
    Quote:

    Quoting Darcw0lf
    View Post
    According to the law though it doesn't matter if the dealership knew about it or not, per the part I highlighted, they probably did a quick one over and didn't notice, or didn't bother telling me.

    actually, according to the law, yes, it does matter,especially due to what you highlighted.


    Quote:

    (o) Disclosure of Material Nonconformities and Defects
    - A dealer or broker shall disclose existing material nonconformities and defects about which the dealer or broker
    knows or negligently disregarded when the dealer or broker should have known, prior to sale or lease of a motor vehicle.
    knows or negligently disregarded

    that means they either had to know (actual knowledge)

    of they negligently disregarded. That would mean they had to have some reason to believe there was an issue and they ignored it. Since you did not see the issue from your review of the car, apparently it is not obvious. That would mean unless you can show there is some legal requirement they performed an inspection that would have likely discovered the issue, you have nothing.
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