Misrepresentation – Can I sue? How to proceed?

What is the name of your state? MICHIGAN

Misrepresentation – Can I sue?

I recently purchased a classic car from a private seller. I received a third-party appraisal of the cars value but this was provided by the seller to me. The appraisal company is a real / legitimate business. The appraisal stated “there is no damage, deterioration, or mechanical defects.” Also part of the appraisal process states the “condition of the body, interior, frame/under carriage…” are inspected.

All that said, I have the car two-days, hit a Michigan pothole and hear a noise. Turns out, after taking it to a shop, repair work was done to fix a crack in the shock-tower. The mechanic is convinced the repair is very recent, within the last six-months.

The Appraisal I received was from May and the car-fax is clean. All the documents were provided by the seller so I am wondering if this would be interpreted as “deliberate misrepresentation.”

I have the names of the previous owners (some receipts, etc.) and planned on contacting them to see if they were the ones who had the work performed. But, due to the mechanics claim it is so recent, I really think the person I purchased the vehicle from may be the culprit. Also, I am going to contact the appraisal company and, using the mechanics information, ask if there is any way they would have missed the damage which was found.

I’d appreciate anyone’s advice on how to proceed. Again, my plan is to contact the previous owner(s), discuss with the appraisal shop, and I will have the last owners DMV record checked (along with the VIN once more, but the car-fax is clean).

While I fear I am out-of-luck, based on so many posts, I feel compelled to do something.

Although damage like that can be covered up fairly easily, the inspector should have seen some evidence. Check your contract with the appraiser. The biggest challenge you might have is that you were driving the car when it became damaged last. Your seller would argue that you caused the damage and that it is you and your mechanic who is "covering up". Contacting the previous owners is imperative, but you still have the original agreement to deal with. "As Is" is assumed unless specific warranties are made. Have you talked to the seller about it?

Early Mustang by any chance? Most cars take a heckuva hit to crack the shock tower, but not some of those. What about other damage?