Advice please on car

[bama1977]

What is the name of your state (only U.S. law)?
Alabama


I have a potential legal issue with the dealership where I bought my car.

We bought a 2010 Dodge Caliber from a dealership here in town, still under all the warranties. It was presented to us as a car that had no history of damage, never been wrecked. We got a CarFax report from them showing it had never been damaged.

Well, it had been severely damaged and that fact was not disclosed to me. It has major suspension problems and control arm problems and I damn near lost control of it while driving. We took it to get it aligned and was told by the place the car had major damage and needs to be taken back. We took it to the dealership and they said they would look at it. They called back and wanted to do a car exchange. I declined that as the car they wanted to offer was not the same car I bought and the payments would have been higher. They are still telling me they do not know what the problem with the car is.

I bought a car that was presented as having no damage. Only to find it had substantial damage and not fit to drive. I am not sure they should have sold that car and I think they realize that as well. I am just wondering what my rights and options here would be.

 

[OHRoadwarrior]

Can you prove they had knowledge that it had been previously damaged and lied?

 

[bama1977]

Can you prove they had knowledge that it had been previously damaged and lied?

Yes I think I can. They stated it had no damage and never been wrecked. When I took it to have it aligned the mechanic pointed out that the dealership had done repairs. I asked how he knew and he pointed out that the replaced parts have stickers on them which are not placed there when the car is newly manufactured. Those stickers are there only on replaced parts.

 

[OHRoadwarrior]

Have you asked them where they got the car from? What do the warranties/contract say about the vehicles condition? I would investigate liability under UDAP.

Alabama's Unfair and Deceptive Acts and Practices, or UDAP, is a state law that prohibits dealers from deceiving consumers at the time of sale. Deception includes misrepresentation of the used car's quality, status and title.

 

[bama1977]

Also, talked to a a guy who works for another dealership and told him what happened. He said "they should have never sold it. Even if they did not know, it sounds like they did not do any inspection. And this is something they should have known." He advised me to talk to a lawyer.

 

[bama1977]

Have you asked them where they got the car from?

Yes I did before I bought it. They said they bought it from Enterprise Rent-A-Car. I asked if the car ever had damage either when they bought it or before they bought it. They said no, that the car had no damage and never had.

 

[bama1977]

I edited my reply to you first question above. Sorry about that.

 

[OHRoadwarrior]

Have you asked them where they got the car from? What do the warranties/contract say about the vehicles condition? I would investigate liability under UDAP.

Alabama's Unfair and Deceptive Acts and Practices, or UDAP, is a state law that prohibits dealers from deceiving consumers at the time of sale. Deception includes misrepresentation of the used car's quality, status and title.

LOL, I edited mine also.

 

[Zigner]

It was presented to us as a car that had no history of damage, never been wrecked. We got a CarFax report from them showing it had never been damaged.

I asked if the car ever had damage either when they bought it or before they bought it. They said no, that the car had no damage and never had.

These two statements are very different. The first one presents what I suspect is very close to the truth. The dealer said there was no record of damage/wrecks and the CarFax report (for what it's worth) supported that statement.

I seriously doubt the dealer stated so categorically that there had never been any damage...

 

[bama1977]

LOL, I edited mine also.

LOL...then I dont feel so bad!

When I took the car back and told them what was going on they did not seem surprised at all. Then they called back and wanted to do a car exchange. I went to see them. I told them I was not interested in that. My impression is that they do not want to see this car back on the road and very much want me to take another car. Problem is, the car they offered is a different model, a year older, and a little more on the monthly payments.

When I was talking and mention that this problem was not disclosed to me and I feel like it should have been their whole tone changed and they became very accommodating...such as giving me a very nice loaner car from the one they gave me at first.

I'm not trying to make a buck off of this or anything. I just want want a paid for; a 2010 dodge caliber that had never had any damaged. I just don't feel right about this and do not want to be taken advantage of. Does that make sense?

 

[bama1977]

These two statements are very different. The first one presents what I suspect is very close to the truth. The dealer said there was no record of damage/wrecks and the CarFax report (for what it's worth) supported that statement.

I seriously doubt the dealer stated so categorically that there had never been any damage...

They did. When I got the CarFax report and saw the previous owner I asked point blank did the car ever have any damage. They flat out said no. And according to the mechanic who tried to align it, the stickers on the new parts are specific to that dealership.

 

[OHRoadwarrior]

If you can't find something else on their lot you want, they might be able to get another one at auction or as a factory car. They should have a list of upcoming cars.

 

[bama1977]

If you can't find something else on their lot you want, they might be able to get another one at auction or as a factory car. They should have a list of upcoming cars.

OK, would that mean I'd have two notes? One for the first car and then another for the second? I'm not sure how that works. I don't want to be out money for a car I can't use. I have no problems paying for another car as long as I am not stuck with the note from the first too.

 

[bama1977]

I guess my main question is is what should I do? Should I talk to a lawyer here or just ride this out and see what the dealership offers to do? They still have my car.

 

[OHRoadwarrior]

They would theoretically take it back on trade for payoff. You might eat the tax. I don't know the purchase price, however it might be better to deal for a new one. They are offering 0% or $1500 on them. The dealer can give you below sticker, near invoice, if they choose to.