Used Car Previously Totaled

[dbbennet]

I live in Tennessee and about two years ago I purchased a used '96 model SUV along with an extended warranty. The warranty has come and gone and it's been about 2 years since the purchase. I checked the Carfax report on the vehicle before I purchased it and everything was clean. After numerous problems with the vehicle I went to trade it in a few months ago and the appraisors notified me that the vehicle had been in what appeared to be a serious accident before because all four doors had been replaced. The underside of the vehicle had been undercoated so it was impossible to see if any damage had been done to the frame. Then one day when I had left the window on the truck open and it had rained I went to wipe away the water from the passenger seat and what appeared to be blood had come up from the cushion and through the cloth and coated my hand. I'm fairly confident it is blood although I never took a sample and tested it. Isn't the dealer supposed to notify the buyer of any accidents that the vehicle has been in? Does the buyer specifically have to ask? Should there be anything in writing? I'm kind of leary of driving the thing anymore and wondering if I should pursue some kind of action. Thanks in advance for any help.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Did you purchase the vehicle as is? Did you sign any type of warranty/extended warranty with the manufacturer?

Some states abide by the rule that material nondisclosure amounts to a lie basically and is fraudulent. This can easily void the contract but if you are seeking money back, it might be diminshed by the amount of time you HAVE driven it, etc. Even with lemon laws, the driver is responsible for reasonable mileage before car replacement is deemed necessary under the lemon law statute.

check with your local bbb to see if there are any special laws protecting you against this type of non disclosure.

http://www.bbb.com/

 

[racer72]

There are probably laws in every state that require that the title of a vehicle that had been totalled by an insurance company to claim the information on the title. In Washington state where I live, the title of a vehicle that was decared totalled and repaired is pink instead of green and has a watermark that says "Rebuilt". And this information must be disclosed when the vehicle is sold. I would check the title status with the current legal owner (the lending institution you make your payments to) and see if there are any notations if the vehicle was rebuilt in the past. In my state the lemon law only applies for 90 days though, after that you are stuck with the vehicle. Also, the dealer you are trading the vehicle into may be trying to make you think the vehicle is worth less than it really is. And with the seat, what color is the seat? The seat may have been dyed a different color. Take the vehicle to an independent appraiser and have it inspected. They can tell if a vehicle has been repaired.

[Edited by racer72 on 01-16-2001 at 08:06 PM]