Disclosure laws/do we have a legal leg to stand on?

[PromisedLife]

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

Bought a 2009 used vehicle at a (new car) dealership yesterday. We inspected the inside, looked at the outside, but with bright sun reflecting off of the car, 100F and a 4 yr old and infant in tow, that was hard to do! Asked for carfax, took it to a mechanic where it got a clean bill of health, negotiated on the price, purchased the car, drove it home.

Not 10 minutes later, we noticed a 4 inch crack in the front bumper, stretching from the 'grill' (plastic, 'pushed' into the bumper from the back) to toward the drivers side. Not only that, part of the grill is shattered (some of it is hidden behind the bottom 'rail' of the bumper) and there is a barely dent on the bottom of the bumper (the rail part underneath the grill, part closest to the ground). There is zero paint damage, in fact, the crack seemed to have been painted over, because when moving the 2 pieces apart, it reveals the color paint used for the body, rather than white/grey/black plastic.

Bummed, mainly because we did so much research on how to buy a used car and what to check for, and it seemed like we missed that in the glaring sun. We also believe that a 4 inch crack in the bumper (that starts on a side, and is not just in the middle of it) greatly impacts the value of the car, and that it could rip further, to eventually rip off half the fender.

Should the dealer have disclosed this issue to us? Checked: Other Laws that Cover Used Cars in Oklahoma | Lemon Justice but can't figure out the answer.

Can we demand the dealer pay for the repairs? Or is it our fault for not inspecting every inch of the card and missing this issue?

Thanks for your time.
EDIT: husband called dealership and spoke with manager, who's answer was that they don't have to disclose anything because it is a used car? From what I read, he is dead wrong about that?

 

[sandyclaus]

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

Bought a 2009 used vehicle at a (new car) dealership yesterday. We inspected the inside, looked at the outside, but with bright sun reflecting off of the car, 100F and a 4 yr old and infant in tow, that was hard to do! Asked for carfax, took it to a mechanic where it got a clean bill of health, negotiated on the price, purchased the car, drove it home.

Not 10 minutes later, we noticed a 4 inch crack in the front bumper, stretching from the 'grill' (plastic, 'pushed' into the bumper from the back) to toward the drivers side. Not only that, part of the grill is shattered (some of it is hidden behind the bottom 'rail' of the bumper) and there is a barely dent on the bottom of the bumper (the rail part underneath the grill, part closest to the ground). There is zero paint damage, in fact, the crack seemed to have been painted over, because when moving the 2 pieces apart, it reveals the color paint used for the body, rather than white/grey/black plastic.

Bummed, mainly because we did so much research on how to buy a used car and what to check for, and it seemed like we missed that in the glaring sun. We also believe that a 4 inch crack in the bumper (that starts on a side, and is not just in the middle of it) greatly impacts the value of the car, and that it could rip further, to eventually rip off half the fender.

Should the dealer have disclosed this issue to us? Checked: Other Laws that Cover Used Cars in Oklahoma | Lemon Justice but can't figure out the answer.

Can we demand the dealer pay for the repairs? Or is it our fault for not inspecting every inch of the card and missing this issue?

Thanks for your time.
EDIT: husband called dealership and spoke with manager, who's answer was that they don't have to disclose anything because it is a used car? From what I read, he is dead wrong about that?

What you're describing is clearly a cosmetic issue, certainly not such as huge issue with the car as you make it out to be. You exercised your good sense to have the car inspected by a mechanic prior to making your purchase, and it must have gotten a clean bill of health because you did buy the vehicle. So the car works mechanically and is therefore fit for the purpose for which you bought it.

Most used cars have cosmetic damage somewhere on the body, and in this case, what you describe does not in any way affect the performance or safety of the vehicle. If it did, it would have to be disclosed. Because it does not, and because it is something you could have discovered by a more thorough inspection of the vehicle PRIOR to purchase, you have no right to expect or demand that the dealership pay to make repairs to that bumper.

Enjoy your new car !

 

[justalayman]

and they don't have to point out every defect to you, especially when they are in the open and visible. You missed something; not unusual but not compensable either. They didn't hide it from you. Disclosure laws generally deal with hidden defects.

Next time, leave the children at home. They can easily distract you.


congrats on the carfax and mechanics inspection though. Too many say "I know I should have..."