Used car misrepresented? Lawsuit possible?

[uogecko]

In Illinois I purchased a 9 year old BMW for roughly $15,000.

Prior to getting a loan and purchasing the vehicle, I had it inspected by a professional garage, ran a CarFax report on it, and of course inspected and drove it myself.

1 month later I brought the car in for it's first scheduled oil change at which point the mechanics informed me that the car had been in a major collision and that the entire front-end had been replaced, frame rails had been straightened and welded (very poorly) and the car had been repainted.

In this condition it was worth nothing close to what I paid for it.

I had asked the previous owner if it had ever been in a collision and he said that it had not. The CarFax report showed no collisions and a clear title. The pre-purchase inspection didn't reveal any damage either.

Frustrated, I was able to contact the 2nd previous owner (who happens to be an attorney) who sold the car to the individual I purchased it from. He said that he had informed the buyer (who I bought the car from) of the damage at the time of sale. The individual from whom I purchased the car claimed to have had the car for 1.5 years when in actuality he had purchased it 6 weeks prior to selling it to me. Suspicious to say the least.

I am now faced with the dilema of either selling the car without disclosing what I know (buyer beware) or taking a major financial hit by attempting to sell it for roughly 1/2 what I paid for it, not an option I can afford.

My question is, do I have any legal recourse in this situation? I would love to sue the individual who sold me the vehicle, recover my money and buy a vehicle that is safer and in better condition. I'd like this vehicle to end with me instead of passing it on to another unsuspecting buyer who will be disapointed.

I appreciate your help and look forward to your advice!

G

 

[tabathadolley]

I am now faced with the dilema of either selling the car without disclosing what I know (buyer beware)

I'd like this vehicle to end with me instead of passing it on to another unsuspecting buyer who will be disapointed.

DO NOT try to resale the vehicle w/o disclosing what you now know. Seperate from the legalities.. why would you do to someone else what is causing you harm now?

 

[uogecko]

That option is what I am desparetly trying to avoid....that's why I'm interested in pursuing legal options to recover the cost of the car from the seller. Do you think I have any legal recourse here?

G

 

[JETX]

do I have any legal recourse in this situation?

If this sale was done by a 'dealer', then very likely. However, if it was a private sale, then you will need to contact the Indiana AG's office (or a local attorney) to see if the below information would apply.

If the sale was as you state, and the seller knew, or should have known, of the prior damage, his failure to disclose is very likely a violation of the Indiana 'Consumer Fraud and Deceptive Business Practices Act':
815 ILCS 505/2
Unfair methods of competition and unfair or deceptive acts or practices, including but not limited to the use or employment of any deception fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact, or the use or employment of any practice described in Section 2 of the "Uniform Deceptive Trade Practices Act", approved August 5, 1965, in the conduct of any trade or commerce are hereby declared unlawful whether any person has in fact been misled, deceived or damaged thereby. In construing this section consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.
Source: http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=67

Further, from another site:
Deceptive conduct in automobile sales, including:
• Failing to disclose material damage to a car or defects before sale;
• Violation of FTC rules, including the Used Car Rule
Source: http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1312