Bought a certified pre-owned vehicle

[Shloho]

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

I bought a certified pre-owned Subaru. It has been in the shop, for the second time, for the same issue. In speaking with SOA, they informed me that the car had been in an accident that was only reported on Carfax 5 months after I bought the car. They told me they would likely not have certified the car had they known about the accident, as they base their decision to certify a car, on Carfax. At this time, they're offering me a new car with a 1500 coupon. I need to know if I have a case and if it's worth pursuing. Thank you

 

[FlyingRon]

Certification means squat. It's fluff. Unless they expressly offer you a warranty, you have nothing.
Carfax, as you've also realized, is largely worthless. They can only report what they can mine from databases that they can get access to. While the DMV records are fairly reliable, accidents and other service history that doesn't rise to a title brand, are not reliable.

Unless the dealer KNEW that the car had unrepaired accident damage, you wouldn't likely have a legal case.
Their offer sounds more than gracious. They could tell you to just pound sand.

 

[Shloho]

Thank you for your reply. Certified pre-owned means it comes with a warranty. Unless you mean some other warranty. But it comes with a powertrain warranty till 7 yrs/100k. I'm assuming you mean some other kind of warranty... Thanks

 

[Shloho]

Another point is, that I bought it certified pre-owned. Because of the accident the Subaru system no longer registers my car as certified pre-owned. So, technically, they sold me a car as certified pre-owned but it's not certified any longer.
Thanks

 

[Zigner]

Another point is, that I bought it certified pre-owned. Because of the accident the Subaru system no longer registers my car as certified pre-owned. So, technically, they sold me a car as certified pre-owned but it's not certified any longer.
Thanks

Well, technically, once you drove it off the lot it is no longer "certified" until it goes through the certification process again.

 

[Zigner]

Do a web search for the phrase New Jersey certified pre-owned law


Peruse the results and decide what you want to do. Some argument can be made that the dealer committed a form of fraud, regardless of what was reported on Carfax. The dealer is supposed to inspect the vehicle and should have been able to detect repairs that would have caused the car to not be a CPO.

 

[FlyingRon]

Eh? There is no "law" on certified pre-owned. The term means nothing by itself. It's what it says on the vehichle documentation and it's what the warranty paperwork you are given. A dealer may indeed offer a warranty on CPO, but it doesn't have to.

You might have a chance if the defect later discovered was one of the "points" on the CPO inspection that they said was OK when they knew it wasn't, but again, absent some indication that they knew or should have detected it and misrepresented that, you don't have a claim.

Even if you were to WIN, the result wouldn't be as good as they appear to be offering you. Lawsuits give you your actual damages, you're not going to get some great windfall and go out a buy a new car with the proceeds.

 

[PayrollHRGuy]

The Subaru Certified Pre-Owned program would seem to create a contract between the buyer and Subaru. The main feature being the warranty. As the buyer has no way possible to have any say in the process Subaru goes through in deciding if a car can be certified or not it would seem that Subaru alone would be responsible for any errors in that process.

 

[Zigner]

Eh? There is no "law" on certified pre-owned.

While there may not be a specific law on it, the web search turns up links to information that the OP may find useful.

 

[FlyingRon]

While there may not be a specific law on it, the web search turns up links to information that the OP may find useful.

The only thing I found was a statement that CPO means different things to different people. If he had repetative issues with the car he can look up "New Jersey used car lemon law" but again, it appears he's offered a sweeter deal even if he had enough problems that the LL would kick in for.

 

[Zigner]

The only thing I found was a statement that CPO means different things to different people. If he had repetative issues with the car he can look up "New Jersey used car lemon law" but again, it appears he's offered a sweeter deal even if he had enough problems that the LL would kick in for.

Some folks state that this may fall under fraud.

 

[FlyingRon]

Some folks state that this may fall under fraud.

"Some folks?" Did you go to the Donald Trump School of Law?

If you can prove an intentional (or recklessly negligent) falsity in one of the stated inspection points, perhaps. Still, all he's likely to recover in court is the cost of the car. It sounds like the dealer is offering a little spiff to make things right.

 

[Zigner]

"Some folks?" Did you go to the Donald Trump School of Law?

If you can prove an intentional (or recklessly negligent) falsity in one of the stated inspection points, perhaps. Still, all he's likely to recover in court is the cost of the car. It sounds like the dealer is offering a little spiff to make things right.

There were several sites that listed possible remedies based upon the specific fact-pattern that might emerge. Of course, they were all commercial (attorney) web sites, so I didn't post any links. Rather, I suggested that the OP peruse the results. I tend to agree that the dealer is trying to make things right.

 

[xylene]

Taking back the car contingent on buying a new car for 1,500 off? am I understanding this right?
Seems a bit skimpy and self serving.

 

[Zigner]

Taking back the car contingent on buying a new car for 1,500 off? am I understanding this right?
Seems a bit skimpy and self serving.

They're rolling the dice