Ford Dealership blatantly lied about preowned vehicle being in 2 accidents. Auto Fraud?

[StaidSgtForge]

In October 2017 I purchased a used mustang from a licensed ford dealership. It was priced well and had some minor fender damage,but was listed online as having a clean carfax and autocheck. I then asked if the vehicle had any prior accidents or damage both in person and over texts with a dealer. the dealer sent me a "clean" carfax and assured that it was in no accidents. come october 2018 I went to trade the vehicle in and was told the vehicle had 2 accidents on it. and were giving me a very low trade in value. I recieved copies of both the autocheck and carfax confirming the accidents, which are also police reported. I took this information to the dealership and they first tried lying about using autocheck at the time which I pointed out and retracted. They then told me they were not liable for the salesman lying to me about the accidents. even though the dealership knew.I reported them to both my Attorney General and Ford. Should I proceed with legal action? I am in indiana.

 

[LdiJ]

In October 2017 I purchased a used mustang from a licensed ford dealership. It was priced well and had some minor fender damage,but was listed online as having a clean carfax and autocheck. I then asked if the vehicle had any prior accidents or damage both in person and over texts with a dealer. the dealer sent me a "clean" carfax and assured that it was in no accidents. come october 2018 I went to trade the vehicle in and was told the vehicle had 2 accidents on it. and were giving me a very low trade in value. I recieved copies of both the autocheck and carfax confirming the accidents, which are also police reported. I took this information to the dealership and they first tried lying about using autocheck at the time which I pointed out and retracted. They then told me they were not liable for the salesman lying to me about the accidents. even though the dealership knew.I reported them to both my Attorney General and Ford. Should I proceed with legal action? I am in indiana.

See what kind of reaction you get from either the AG or Ford before you go any further. However, used cars are normally considered to be purchased "as is". I assume it wasn't the same dealership that low balled you on the trade in, who sold you the car in the first place?

 

[StaidSgtForge]

See what kind of reaction you get from either the AG or Ford before you go any further. However, used cars are normally considered to be purchased "as is". I assume it wasn't the same dealership that low balled you on the trade in, who sold you the car in the first place?

yes it was a separate dealership, and yes it was "as is" but I have the statements in text that the assured the vehicle was in no accidents, as well as the "clean" carfax with matching vin to the carfax I have with listed damage and screenshots of the listing stating clean carfax and autocheck

 

[PayrollHRGuy]

There is a chance that at the time of purchase Carfax didn't have the information on the accident and neither did the selling dealer.

 

[Zigner]

Carfax has no force of law and no guarantee of accuracy. Same for Autocheck.

 

[quincy]

yes it was a separate dealership, and yes it was "as is" but I have the statements in text that the assured the vehicle was in no accidents, as well as the "clean" carfax with matching vin to the carfax I have with listed damage and screenshots of the listing stating clean carfax and autocheck

Carfax might have erred, not the seller.

It is important for purchasers of used cars to do their own inspection of the vehicle prior to purchase.

 

[StaidSgtForge]

There is a chance that at the time of purchase Carfax didn't have the information on the accident and neither did the selling dealer.

the autocheck had the accidents listed since 2016, which is why they showed me a carfax instead

 

[StaidSgtForge]

Carfax might have erred, not the seller.

It is important for purchasers of used cars to do their own inspection of the vehicle prior to purchase.

Like I said, I confronted the dealership with it and they said they didn't use autocheck at the time. When I pointed it out in the ad for the vehicle they admitted to using autocheck and knowing about the accidents

 

[StaidSgtForge]

There is a chance that at the time of purchase Carfax didn't have the information on the accident and neither did the selling dealer.

The selling dealer had the autocheck at the time which did show both accidents and admitted to it when confronted

 

[Zigner]

You KNEW the car had been in at least one accident because it had obvious physical damage. In any case, you bought the car as-is, and your sales contract will state that no promises are given that are outside that contract.

 

[StaidSgtForge]

You KNEW the car had been in at least one accident because it had obvious physical damage. In any case, you bought the car as-is, and your sales contract will state that no promises are given that are outside that contract.

I have this bit in text as well, When i asked what is could be the dealer told me it was hit by a shopping cart. It wasn't major damage but a small fender patch

 

[adjusterjack]

The reality is that you will get nothing from the original dealer unless you file a lawsuit and, even then, winning is problematic because car dealers know how to cheat customers without going over the line. And you always get screwed on a trade-in no matter what the condition of the car.

I suggest you sell your car privately. You'll probably get more money for it despite the accidents. Then buy a car from a private party instead of risking another dealership screwing. If you find something suitable privately you can get your own carfax online. If you need financing go to your bank or credit union.

 

[PayrollHRGuy]

I have this bit in text as well, When i asked what is could be the dealer told me it was hit by a shopping cart. It wasn't major damage but a small fender patch

That text is likely not going to be usable in any legal action. When did the "The selling dealer had the autocheck at the time which did show both accidents and admitted to it when confronted" happen? I'll bet you won't get them to admit it in court.

 

[StaidSgtForge]

That text is likely not going to be usable in any legal action. When did the "The selling dealer had the autocheck at the time which did show both accidents and admitted to it when confronted" happen? I'll bet you won't get them to admit it in court.

it happened yesterday when I confronted them, and Luckily I recorded the conversation. and the text messages are from the dealerships number. Why would they not be viable?

 

[PayrollHRGuy]

it happened yesterday when I confronted them, and Luckily I recorded the conversation. and the text messages are from the dealerships number. Why would they not be viable?

Phone numbers are easily facked. They would have to acknowledge that they sent the text.