Purchased a used car with undisclosed damage

[Zigner]

You read it on Page 1:

i TOOK THE VEHICLE,TRUE.I WAS TOLD VERBALLY NO ACCIDENTS.ADDITIONALLY,I VIEW THE HEADLIGHT PROBLEM AS A DEFINITE SAFETY ISSUE.

I guess that the contract that states that it is the entire agreement and no specific representations made outside of the contract shall apply doesn't mean anything, huh?

 

[Adam G]

I guess that the contract that states that it is the entire agreement and no specific representations made outside of the contract shall apply doesn't mean anything, huh?

Boilerplate language. It's in every car sale contract and yet consumer fraud litigation still persists. :mindblown:

 

[tranquility]

Thanks for the tip. Apparently I'm not following you. Are you saying that the damage to the car is of the type not covered by those implied warranties?

I think we agree the salesman was not informed of a particular purpose for the vehicle which the vehicle is not suited for and the OP did not rely on the assurance of the salesman, so we will not speak of the warranty of fitness for particular purpose.

As to merchantability, what is a used car supposed to be?

Some would opine:
http://www.bcsalliance.com/autoloans08a.html

The most common type of implied warranty is the warranty of merchantability, which means simply that the seller promises that the product offered for sale will do what it is supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. For example, breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut03.shtm

Warranty of Merchantability

The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case by case.

 

[tranquility]

Boilerplate language. It's in every car sale contract and yet consumer fraud litigation still persists. :mindblown:

But, with that "boilerplate language", doesn't that assure the contract is intended to be the complete representation of the deal? It would certainly make prior or contemporaneous verbal assurances problematical, would it not?