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Carfax misleading

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M

msgizzard

Guest
:( What is the name of your state? Texas

I paid $24.99 twice for online carfax information before purchasing vehicles. I purchased 2 cars and a truck that passed the carfax test. Therefore I bought the vehicles expecting them to be in good condition. Upon purchasing insurance I found out 2 of the 3 had been wrecked and now I'm stuck! The Volvo I purchased (which looks great with all new parts even though insurance showed damage of $10,000) now has an electrical problem which stems from the earlier damage and replaced parts. Yet I have to pay to get it fixed. I emailed carfax and got a standard response. I replied requesting some compensation and I have not heard one word. I cannot find a phone number to contact these people. I feel they at least owe me the $50 back if not paying to have the two vehicles checked out and repaired if problems are found. I guess I could take them to small claims court. I just think people need to know that carfax misrepresents what they offer!
 


I AM ALWAYS LIABLE

Senior Member
There is no replacement for your mechanic's eyes.

msgizzard said:
:( What is the name of your state? Texas

I paid $24.99 twice for online carfax information before purchasing vehicles. I purchased 2 cars and a truck that passed the carfax test. Therefore I bought the vehicles expecting them to be in good condition. Upon purchasing insurance I found out 2 of the 3 had been wrecked and now I'm stuck! The Volvo I purchased (which looks great with all new parts even though insurance showed damage of $10,000) now has an electrical problem which stems from the earlier damage and replaced parts. Yet I have to pay to get it fixed. I emailed carfax and got a standard response. I replied requesting some compensation and I have not heard one word. I cannot find a phone number to contact these people. I feel they at least owe me the $50 back if not paying to have the two vehicles checked out and repaired if problems are found. I guess I could take them to small claims court. I just think people need to know that carfax misrepresents what they offer!

My response:

Simply, you didn't read the "Terms and Conditions" from CarFax.

Here they are, as they relate to your problem. Suffice it to say, you're on the hook and there is no recourse. Maybe now you'll read the rules:

3. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER CARFAX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE AUTOMOBILES ABOUT WHICH INFORMATION IS POSTED ON THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OR, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CARFAX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CARFAX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARFAX TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR OBTAINING ANY REPORTS OR OTHER INFORMATION FROM THIS WEB SITE.

The purpose of CarFax is to be used as an "adjunct" to- - not a replacement for - - your mechanic. Your mechanic should have taken a look at the vehicles prior to your purchase. You used CarFax incorrectly by relying upon as your sole source of information. CarFax was never meant to replace your mechanic.

IAAL
 
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