Used car dealer didn't disclose accident- NEED ADVICE!

4B Viper

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Used car dealer didn\'t disclose accident- NEED ADVICE!

Just got my 01 ACR w/ 6100 miles on Sat. and took it to Dan Cragin at DC Performance today for a check up. To my dismay, he let me know that my Viper had been in an accident.

When I had purchased the Viper from the dealer, I asked if there was anything about the history that I should know of. He basically told me that the car was pretty much brand new and that there was only one owner (I later found out there was actually two- the second owner getting the car at 1300 miles). To my untrained eyes, the car looked beautiful so I took his word for it since it had so few miles.

After checking out the Viper, here's what Dan found:

1) Front and rear fascias and the rear quarter panel had been repainted.
2) Headlights out of alignment
3) Front fascia out of adjustment causing an excessive gap between the hood and the fascia.
4) Hood out of alignment, hitting the headlights in one corner.
5) Rear tail light body panel surround loose.
6) Noticed there was a slight curve in the frame, but it was not bent.

Other than that, he recommended that the brake and clutch fluid and the cooling system be flushed.

Taking the Viper to the body shop, the estimate was $7,500 to fix #3-5.


What protection do I have as a consumer since the dealer didn't disclose that the Viper had been in an accident? Also, what if the used car dealer himself was not aware that it had been in an accident? I'm planning on visiting the dealer in person on Sunday after the South Coast Slither to talk to him in person. What should my demands be or how should this be handled? Any advice or suggestions would be greatly appreciated.
 

K Adelberg

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Totally out of my depth here. Once a car is involved in an accident over $500.00 it must be reported to the DMV, in Califonia. Also, when the damage is greater than a certain amount, not sure of the amount, its illegal to sell the car without disclosing this information. Ask your insurance company.
 

MR VENOM

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

If the dealer is "upstanding", have him take the car back and refund your money. I'm sure they'll say they didn't know about the damage, however, this is BS, since they do this for a living and should know how to "check out" cars. Best of Luck to you, but I would suggest that you get rid of the car, because it is not the investment you thought it would be.
 

99 R/T 10

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I bet they DO NOT step up and be "upstanding". Might want to talk with your insurance AND a lawyer!
 

ninjaviper

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Take the car and get another assessment. The real question here is whether or not the frame is actually bent.The abnormalities that you describe otherwise should be easily fixed. I really don't understand why these problems with hood alignment, etc. should cost 7,500 dollars. Also, I'd call the previous owners and find out for sure if this car has actually been in an accident. Having the front and rear bumpers painted doesn't mean the car has been in any significant accident. Answering the above questions should direct you to the appropriate course of action. Good luck. :mad:
 

garolittle

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I bet they DO NOT step up and be "upstanding". Might want to talk with your insurance AND a lawyer!

I agree. Good luck and keep us posted.
 

NDW

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Do a carfax and see what comes up.
 
OP
OP
4

4B Viper

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I did a carfax before I got the car and reported nothing out of the ordinary. I also did carfax on my Audi TT Roadster that has been in 2 accidents and nothing either. I guess Carfax is only good for reported salvage or flood title or anything else.

Anyweay, here's some info that I found on the web regarding disclosure in California:

Required Disclosure:

Actually, a lot of dealerships have become more brazen about committing fraud and will claim they are not obligated to disclose any accident damage to a consumer before the sale. They will even hire defense attorneys to spout this line, even though it is completely false. Vehicle Code 9990 lists four types of damage which must be disclosed: damage exceeding three percent of the manufacturer's suggested retail price of the vehicle or $500.00, whichever is greater; damage to the frame or drive train; damage which occurred in connection with a theft of the vehicle; and damage to the suspension of the vehicle requiring major repair. Additionally, these frauds are in violation of several parts of California Civil Code 1770, "Unlawful Methods of Competition, Unfair or Deceptive Acts" and fall under one or more definitions of deceit under Civil Code 1710.

Anyone else have some ammo for me?
 

BigCarrot

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Carfax is CRAP! You should NEVER rely totally on it! ANY dealership would know that the car had been in an accident just by looking at it, although it is a bit harder to tell if there is damage on a Viper. As we all know, they have a lot of blemishes from the factory. They know! Trust me! Tell them to give you back your money. If they refuse, you need to get an attorney involved.
 

DEVILDOG

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Agree with BigCarrot. Don't waste anymore time on damaged goods. Demand your money back and get an attorney if necessary. Get another Viper.
 

garolittle

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Upon further review, I totally agree with my Viper brothers. Get legal on their butt if you have to! They knew that the car had been wrecked. Good luck.
 

Qualitywires.com

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I had a simliar incident happen to me. I got a substaintal amount of money back. Email me your number and I will call you to explain what I did.
 

George Murray

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

7500 bones is too much for the repairs.

Ask for a refund. Promise the dealer you'll take the issue as far as possible legally.

Whatever happens, don't lose the Viper faith!
 

dansauto

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I am a dealer in PA, no law here or in NY that dealers have to disclose prior accident history, unless the car has prior salvage history (then the titles are branded) Don't know what the CA law is, but if CA has salvage titles the dealer can always claim ignorance. Don't go puffing your chest out or they may tell you to **** in your hat. Be diplomatic at first and try to convience them to take it back, even if you loose $500, it would be worth it if the damage is as bad as you claim. (how come you didn't check it out better before you bought it??)
 

Bandit3

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

I don't want to add insult to your injury, but why didn't you have it inspected before purchasing?? I own a shop and do a few pre purchase inspections a week for my customers. WE have helped some of them avoid major problems. On such a large investment, the inspection would have uncovered those defects, and avoided this situation. John ps-- sorry for your dilema
 

Tiepilot

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Caveat Emptor... It's your car now, never count on a dealer to do the "right" thing.
Usually when asked about whether or not a car has been involved in an accident the standard reply is "Not to my knowledge", that statement lets them off of the hook. Good luck.
 

Cruisin9

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Sorry to hear about the problem with your Viper. If you are able to contact the previous owner(s), that may clear up what exactly happened to the car.
 

Hockeysnake

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Most dealers are scumbags. Carfax is NOT reliable at all. If you get into a lawsuit, the scumbag attorneys fees could cost thousands and thousands. Then it could take 2-3 years before the case makes it to court. Meanwhile you still pay for the Viper. Then the Scumbag dealer claims ignorance and the burden of proof is on you.

Try your hardest to settle with the dealer. How do I know this? I just went through it with a Viper, a fat loser of a dealer and a worse schiester of an attorney.

email me privately and I will be more than happy to give you all of the resources you need to track things down.

Best of luck.
 

DR VIPER

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Isn't it amazing how so many dealers want to make a quick buck and wash their hands clean after not giving a customer full and proper disclosure.There are some honest guys out there and I hope you know who you're dealing with.
My advice to you is to have all your facts straight before approaching the dealer face to face.Seek the advice of a qualified lawyer who specializes in this type of practice,find out what your rights are (because they vary from state to state)and don't stop until you get it resolved to your satisfaction!
Good luck to you!
 

Vic

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Does repainting automatically mean its been in an accident? How can the frame be "curved", but not bent? Aren't they synonymous? Are you sure you got screwed?

Maybe you could park (legally) outside the dealership, with a big sign on top of your car, stating that you have an unresolved issue with them. (Don't be specific) Bet they try hard to please you then.
 

Gerald Levin

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Re: Used car dealer didn\'t disclose accident- NEED ADVICE!

Vic, I think you hit the nail on the head. I'd confront them first and if they did not settle this to my satisfaction, I'd show them my sign that would be displayed for all the world to see. A disgruntled homeowner put up a sign in her yard about the neighborhood developer and got immediate satisfaction. The sign was up for only a few days. The stealer would settle this quickly just to get you to go away. Of course, I'd pay a few hundred bucks to a lawyer for advice on this. Good luck.
 

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