Auto Dealership non-disclosure of car

[Anthonyg34]

Three months ago in the Bay Area of CA, I purchased a used car from a reputable dealership. After inquiring about if the car had ever been in an accident, the dealer told me that the car was "certified", which means that they do not certify cars that had been in accidents. Just the other day when shopping for new auto insurance, I gave them the VIN # and they told me that the car HAD been in an accident. They were able to give me the company name of who the claim was through (CSAA) and a claim number. I called them and they verified the claim but would not give me any information due to the fact that I had no relation to that incident.

If I would have known that this car was in an accident, I wouldn't have purchased it. What rights do I have? Can I get my money back?

Any help would be appreciative.

Thanks,
Anthony

 

[loku]

IF the accident was serious enough to effect the value of the car, then you probably could win a case in contract on this, probably under a theory of fraud in the inducement. You bargained for a car that was not in an accident, that is what they told you they delivered. They did not; therefore, you are entitled to rescind (cancel) the contract and get your money back.

However, before pursuing this in court, I would suggest you first file a complaint with Cal Consumer Affairs. For sales and warranty problems with new or used cars bought from new car dealers, file complaints with the California Department of Consumer Affairs New Motor Vehicle Board at http://www.dca.ca.gov/r_r/newvehi1.htm.

If they can not help you, then you might consider hiring an attorney to write the dealer a letter on your behalf. If that does not work, then consider a law suit.