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Carfax unreported information for two years. Dealership sold warranty on car.

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AlexBraunt

Junior Member
Washington state

I recently pulled my wife's Autocheck report for her last week on a car she paid full price(28,888USD) on, charged a total of 44,500 after 3% interest.
Come to find out it has Major "Unibody/Frame Damage". The dealership Dick Hannah sold it to her knowing this damage occurred due to the auto report stating that they, "Announced at auction to have sustained structural damage". The car was used commercially until the accident in 2012. Dick Hannah is sponsored by Carfaxs' buyback guarantee and so they had one ready before the bidding of this car. Even though the auction papers stated it was in a severe wreck the carfax did not reflect this(nor that it was a Fleet vehicle). They then sold this car to her 87 days later at full price with a three year warranty.
I arrived to said dealership to ask for more info and they presented me with a new carfax that states it was used for fleet and was in an accident. That carfax received the report in 2012, days after the accident and repair occurred but did not begin reporting this accident and repair until Feb, 2015.
If she goes to Dick Hannah, she will receive a new loan and have the left over balance from this car tacked onto it. She cannot get her money out of it in a private party sale due to these blemishes. She has been paying $52 more for her insurance due to this issue.

I have all documentation available upon request.
 


FlyingRon

Senior Member
I'm confused over what you are after. CARFAX is, despite the illusion you are given by their TV commercials, UNRELIABLE. Further, the buyback guarantee only warrants branded titled issues so it's not going to help you if the car was just repaired rather than being scrapped as salvage.

To get something out of the dealer you're going to have to show that:

1. The dealer knew that there was prior damage.
2. That there was a duty to disclose that damage.
3. You have some tangible damage from the failure to disclose.

I'm not seeing that items 2 or 3 has occurred here.

Absent an actual warranty from the dealer, the car was sold to her as-is. The fact that she's paying interest has no bearing on anything.
 

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