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Undisclosed accident by car dealer may invalidate warranty

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J

jhughesfam

Guest
What is the name of your state? California.
I bought a used 2003 Chrysler minivan with under 10,000 miles from a Chrysler dealer about a month ago. Despite representations from the salesman that it was a "Certified Chrysler Vehicle" and a prior demo, I found out during the signing of the contracts that both of these things were not correct. The car had been a rental. But, the internet manager, who took over the transaction because the salesman was fired (supposedly for insufficient sales) said that the car still had the remaining miles on the 36,000-3 year/72,000-7 year warranty. He said that any problem would be covered. I took it to another dealer for service. They said that the car had been in an accident; the front bumper had been replaced and the accident had apparently cracked the radiator and caused an electrical problem affecting the air conditioning. The second dealer said that they could not repair my vehicle as the AC and electrical problems were caused by the accident. Additionally, the mechanic said Chrysler will either invalidate or restrict my warranty. I wouldn't have bought a car that had been in an accident (it didn't show on CARFAX) or that didn't have a warrantly. What recourse do I have against the dealer who sold me this car without revealing the damage?
 


JETX

Senior Member
"What recourse do I have against the dealer who sold me this car without revealing the damage?"
*** What EXACTLY did the dealer say when you notified them of the problem in WRITING???
 
J

jonhughes

Guest
Dealer's response

This all just happened this afternoon. I prefer not to take any legal action against the Dealer, but I want to know what my rights are when I meet with the Service and Sales Managers on Monday morning. Do I have the ability to rescind the sale, since there may very well be no valid warranty because the dealer didn't disclose the accident. I wouldn't have bought the car if I had known it had been in an accident and the warranty was definitely a material portion of my decision to purchase this vehicle. The salesman assured me that the car had been through an extensive inspection; the mechanic at the second dealership told me that they are required to do a safety check, which should have revealed the problem.
 

JETX

Senior Member
"Do I have the ability to rescind the sale, since there may very well be no valid warranty because the dealer didn't disclose the accident."
*** Not without their agreement.
 
J

jonhughes

Guest
What are my rights?

The problem has been cause by one of two things: either the dealer was negligent in their requried safety check or fraudulent in it. What are my rights? I purchased a car that had been in a wreck; I wouldn't have bought it if this had been known. In California, you are required to notify the Department of Motor Vehicles whenever there is an accident resulting in excess of $750 in damage. A new front bumper system, a cracked radiator, and wiring damage definitely exceed this figure. I was also promised a warranty on the vehicle (the remaining 26,000 miles for the entire vehicle and 60,000 miles on the powertrain) that, per the second dealer's service department, will be restricted at best, and quite possibly voided. I did not purchase this vehicle on an "as is" basis.
 

JETX

Senior Member
"What are my rights?"
*** You have the right to ask them to provide the warranty, etc. that you say you were promised and you have the right to sue them if they fail to provide what you claim was offered.
 

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