FilthiCasual
Junior Member
Apologies for wall of text: tl;dr found undisclosed damages that need to be fixed on certified used car from dealership and should still be protected under implied warranties. I have evidence and testimonial that supports my side that it was sold to me in a damaged state. what are my options? State: Texas
I purchased a used vehicle that had a clean Carfax from my local Texas Toyota dealership March 3rd. 2 weeks later, I was involved in a minor low-speed accident that was my fault, with the point of impact on the front right of the car.
After taking it to the shop, it was discovered during tear down that my vehicle had other damages clearly not related to the accident (i.e. radiator bent in a way that could not have been caused by an accident, the airbag sensor on the side opposite the point of impact not working, broken plastic components, signs of access, etc). Obviously, the insurance will not cover this, and the repair shop agrees that they were not sustained during the accident I caused.
My insurance adjuster later found that my vehicle had a previous accident prior to purchasing it, with information obtained through a service other than Carfax (CCC), saying it had damage to the front left of the car - consistent with the damages found during the damage inspection. All of these damages could not have been reasonably found without taking off the front bumper and shroud that covered the area. The repair shop refuses to ignore these extra damages since it is a major liability to them and my safety.
On my sales contract, there is a box saying that "Unless the seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose." I assume this is the "As-Is" disclaimer many people talk about with these things. However, I purchased a maintenance agreement (Toyota Autocare) and vehicle service agreement (Mechanical Protection Plan) at the time of sale, which I'm sure is the "service contract" in that clause, so I have reason to believe that I can still make claims for implied warranties.
From my understanding, this car was sold to me with undisclosed damages, and had damaged components that compromised the safety of the vehicle (e.x. broken airbag sensor). It was sold to me advertised as accident-free, even though it did in face have a prior history. These damages should have been found since they claimed to have done 100+ point inspection prior to sale. Clearly I was given something that is of inferior quality.
My intention is to hold the dealership accountable for repairs of damages that I did not cause (the insurance company is already covering the parts that I did cause) or seek reimbursement for repair costs. So far, the dealership is saying "there's nothing we can do" and are pointing to the Carfax saying they didn't know.
With this information, what are my options moving forward? Do I need to seek legal representation?
I purchased a used vehicle that had a clean Carfax from my local Texas Toyota dealership March 3rd. 2 weeks later, I was involved in a minor low-speed accident that was my fault, with the point of impact on the front right of the car.
After taking it to the shop, it was discovered during tear down that my vehicle had other damages clearly not related to the accident (i.e. radiator bent in a way that could not have been caused by an accident, the airbag sensor on the side opposite the point of impact not working, broken plastic components, signs of access, etc). Obviously, the insurance will not cover this, and the repair shop agrees that they were not sustained during the accident I caused.
My insurance adjuster later found that my vehicle had a previous accident prior to purchasing it, with information obtained through a service other than Carfax (CCC), saying it had damage to the front left of the car - consistent with the damages found during the damage inspection. All of these damages could not have been reasonably found without taking off the front bumper and shroud that covered the area. The repair shop refuses to ignore these extra damages since it is a major liability to them and my safety.
On my sales contract, there is a box saying that "Unless the seller makes a written warranty, or enters into a service contract within 90 days from the date of this contract, the seller makes no warranties, express or implied, on the vehicle, and there will be no implied warranties of merchantability or of fitness for a particular purpose." I assume this is the "As-Is" disclaimer many people talk about with these things. However, I purchased a maintenance agreement (Toyota Autocare) and vehicle service agreement (Mechanical Protection Plan) at the time of sale, which I'm sure is the "service contract" in that clause, so I have reason to believe that I can still make claims for implied warranties.
From my understanding, this car was sold to me with undisclosed damages, and had damaged components that compromised the safety of the vehicle (e.x. broken airbag sensor). It was sold to me advertised as accident-free, even though it did in face have a prior history. These damages should have been found since they claimed to have done 100+ point inspection prior to sale. Clearly I was given something that is of inferior quality.
My intention is to hold the dealership accountable for repairs of damages that I did not cause (the insurance company is already covering the parts that I did cause) or seek reimbursement for repair costs. So far, the dealership is saying "there's nothing we can do" and are pointing to the Carfax saying they didn't know.
With this information, what are my options moving forward? Do I need to seek legal representation?
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