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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default A Used Car Dealer Gave Me a Fake Carfax Report - Do I Have Any Recourse

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

    I bought a used car after receiving a CarFax report given to me by the dealership that had no reference to any accidents. Within 24 hours I noticed the hood of the car was slightly misaligned, checked the VIN against the one on the car and found they differed. I immediately pulled my own CarFax report with the correct VIN and found the car HAD been in a collision. Although the cover sheet of the report I was given by the dealership listed an incorrect VIN, the body of the report was for the same car, the details of the collision had been cut out - the CarFax report given me by the dealership had been altered.

    After the fact I checked the BBB website and found 9 complaints against this dealership, two of which stated they too received what appear to be altered CarFax reports.

    When I confronted the General Manager about this, showing him the difference between the actual report and the one given me by the Finance Manger, he offered to give me another car off the lot instead, and be present when a CarFax report is pulled so I'd know no accidents had occurred or that the report wasn't altered. Issue is this - since the cover sheet of the report I was given listed an incorrect VIN should I start a civil suit he could state that he gave me the wrong one - it was merely a mistake. Again, the body of the report is the same minus the collision information, but the cover sheet is for another car. I feel they could easily lie about the report claiming they gave the wrong one, and I'm out attorney fees, time and trouble. Or, should the jury look at the body of the report note that the collision information was cut out and decide in my favor. This is a really 50/50 situation and I'm tempted just to take their offer, but I'd hate to see anyone else have to go through what I'm going through.

    Any sound advice here? I contacted two attorneys but they are both rather "on the fence" about it and haven't been too much help. Help!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: A Used Car Dealer Gave Me a Fake Carfax Report - Do I Have Any Recourse

    I suggest you report to Carfax, the violation of Carfax's TOS, by the dealership.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: A Used Car Dealer Gave Me a Fake Carfax Report - Do I Have Any Recourse

    Your choices appear to be:

    1. Negotiate for a different car, verify the CARFAX, and settle your claim that way;

    2. Convince them to refund your money and take the car back, and take your business elsewhere; or

    3. Sue them and see how things shake out in court. In the interim you'll have the same car and they'll have your money.

    If the dealer is an authorized CARFAX dealer, I expect they'll be interested in its antics. Even if not, they may want to investigate.

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