What recourse to frame damage discovered??

[victor555]

What is the name of your state? North Carolina

Hello to everyone!

About 6 months back, I bought on an ebay auction, a used vehicle from a NEW CAR DEALER of a luxury brand in NORTH CAROLINA, who sold it "as is" and had disclosed that the vehicle was a "theft recovered vehicle" with repairs over 25% of vehicle value. Before bidding on the vehicle, I had asked the "internet manager" repeatedly about any damage, and he told me that the vehicle was in PERFECT condition, and that it was stolen, but suffered a very minor accident with only the hood and front fender needing replacemnent, which he said was professionally repaired. I won the auction, and was told the very same thing when I collected the vehicle to drive to my home state of Arizona. The title had been branded as "more than 25% repairs", but it was not a salvage title. (I signed a disclosure to this effect). Since I've had the car, it has never driven correctly. I had the shocks changed, the tires replaced, 2 motor mounts and a transmission mount needed replacement because they were broken, ball joints were replaced etc. Finally, when I insisted that the dealer (here in my home state of AZ) do the alignment properly, they told me they couldn't bring it to specs because the vehicle was involved in a major wreck and had significant FRAME DAMAGE and that some welding was incorrectly done, which could possibly result in the front wheel tearing away and going into the body. Additionally, my home dealership pulled a "detailed history of work report" from a common database, and found that the mechanics at the DEALERSHIP IN NC, THAT SOLD ME THE VEHICLE, had made numerous comments about damage to the front end, and difficulty to fix issues with the vehicle. A body shop says there is about $3,000 to $4,000 worth of frame related damage, and possibly more when they dismantle the engine. Do I have any recourse?? Does FRAME DAMAGE have to be specifically disclosed, besides just the generic "over 25% deal", even if the vehicle is sold "as is"??

Thank You in advance for your responses!!

 

[teflon_jones]

You should have had the vehicle inspected before you purchased it. The dealer disclosed that it had accident damage, and you should have checked out the extent of it.

 

[victor555]

Thank you for your response!!

You may have recourse. As a licensed dealer, although not in NC, I can tell you frame damage must be disclosed specifically. Even vehicles sold through dealers auctions must have frame damaged disclosed or they can be returned and the sale voided. As an example of what must be disclosed as frame damage: On a truck cab and chassis, the rear end of the frame rails are cut off a few inches to accept a shorter flatbed. Not what most people would consider REAL frame damage or frame damage at all but it's no longer the way it left the manufacturer and must be disclosed. In your case, I don't believe the "as is" clause would cover this. However, I would suggest that you first contact the dealer, discuss the situation and ask them what they plan to do about it. If you like the vehicle and something acceptable can be worked out, fine. If not or you don't want to deal with the seller, contact the NC DMV, ask to be directed to the division that handles Used Car Dealers(even though it is a new car store, they most likely also have to be licensed to handle "used" sales). Explain the situation to them and ask that they investigate. This may be easier than you think.When it comes to getting the state licensing divisions involved, it usually puts people on their best behavior.
Now these are just suggestions on my part. I am NOT a lawyer, nor licensed in NC, but have seen this type of problem a few times. When it involves dealer to dealer sales, it just reverses dealer to dealer. Everybody gets their money back. Sometimes "as is" dosen't cover it. JMO

Additionally, I will correct what I said earlier. When I was having a conversation with the dealership's manager, he told me that they had a signed copy from me on their disclosure stating "the vehicle had repairs over 25% of the vehicle value" done on it, and I assumed this was probably correct as I do not remember every piece of paper I signed. However, when I carefully went through the copies of all of my records, I found that I had signed in two places, where they've checked "NO" to the question of this "collision disclosure". The only disclosure that I've signed is one that states the vehicle was a "theft recovery". Besides this, a copy of the first "reassignment form" from the original owners to the dealer in NC, inidicates that they checked "YES" to this very same question, disclosing the damage when trading the car in to this dealer. When I brought all of this to the Manager's attention, all of a sudden they are now starting to change their tone and are willing to "work with me".

Thanks again!

 

[Bluff Man]

Frame Damage

Shelby....While it is true that frame damage must be disclosed at a dealer auction, that is an industry standard, not a law. Specifically frame damage does not have to be disclosed to a consumer unless it creates an unsafe condition or impairs the value of the vehicle ( a very subjective premise). If the dealer disclosed that it had over 25% damage he probably passes the disclosure test. Some states may be different, and many people believe that frame damage disclosure is required, but it is usually not required to specifically disclose it as frame damage as long as substantial damage ( say 25% ) has been disclosed.