Can Carfax be sued for not including information it was given in its reports.

[dafaddah]

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

I bought a car alleged by Carfax to have "No Recalls Reported". The car was manufactured by Ford and Carfax states that it receives recall information from Ford for every VIN regarding safety, compliance, and emissions programs that apply to its vehicles.

Ford has confirmed that relationship. "Recalls are VIN specific. When Ford announces a recall, the reporting is also provided to Carfax"

There have been any number of recalls for the vehicle issued by Ford.

Carfax has covered itself as exempt for any kind of liability related to the use of information it provides. Doesn't providing information that doesn't reflect information which it has been given constitute some kind of negligence, or something for which they can be held responsible?

 

[jimnyc]

What you agreed to when you purchase from Carfax, and the rest of their TOS at the link:

4. 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 CONTENT, INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.

http://www.carfax.com/cfm/legal_disclaimer.cfm

 

[adjusterjack]

Appears that the only recourse is to get your money back that you paid for the report.

See:

https://secure.carfax.com/creditCard.cfx?partner=CAR&partnerSiteLocation=4

Bottom left of the page.

 

[single317dad]

Though Carfax will disclaim its liability and make clear that no warranty of any kind is offered, etc, etc, ad nauseum, that doesn't necessarily mean that Carfax is not liable, it just means they said they're not.

My favorite example is the case of dump trucks that bear signs on the rear: "Stay back. Not responsible for broken windshields" or similar. That sign alone would stop a certain percentage of the public from ever bringing a lawsuit. The problem is, under the laws of every place I'm aware of, that driver is fully responsible for securing his load and any loose cargo is tantamount to negligence per se on his part.

A less-clear example is a car wash that disclaims all responsibility for damage to your vehicle. Some damage might be your fault, and some might be theirs; their disclaimer has no power to determine which is which. We have a local car wash chain that actually has a sign that says "We ARE responsible for damage", and they will not let a car into the wash which they believe will not survive intact.

A quick writeup regarding disclaimers of liability (specifically dump trucks):

http://nccriminallaw.sog.unc.edu/not-responsible-for-broken-windshields/

http://nccriminallaw.sog.unc.edu/not-responsible-for-broken-windshields/

One commenter on that site summed the whole idea up: "You can’t unilaterally disclaim your own negligence. You can, however, put others on notice of a potential hazard and thereby create the possibility for a defense of contributory negligence in a civil lawsuit."

A more appropriate resource from a for-profit law firm regarding exculpatory clauses in contracts in Indiana:

http://www.hlblaw.com/2014/03/31/exculpatory-clauses-in-indiana-make-sure-to-specifically-release-negligence-in-your-waivers/

http://www.hlblaw.com/2014/03/31/exculpatory-clauses-in-indiana-make-sure-to-specifically-release-negligence-in-your-waivers/

And another resource from a law firm that discusses the issue in a more general sense:

http://www.tlgattorneys.com/2011/02/liability-waivers-and-assumption-of-risk/

http://www.tlgattorneys.com/2011/02/liability-waivers-and-assumption-of-risk/

All that yammering aside, I don't think you'll get any more than a refund of the purchase price of the report. There are other resources available to get information on used vehicles, and due diligence would dictate that you do more than download a Carfax report to get a complete picture of the pros and cons of a particular vehicle. A Carfax report, in my opinion, is one of the worst investments you can make with your hard-earned money, but that doesn't make them liable for your poor car-buying decision.