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Old 11-02-06 | 04:29 PM
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Default Any Lawyers here

Hi,

I have recently purchased a 2003 SC 430 from a third party dealer (not a Lexus dealer). The car looked very clean and had clean carfax. However, I now realize that the car had been through an accident and it is completely painted over. Is there any action I can take. I reside in California. Can I sue the dealer for not disclosing the information that the car had been in an accident? Has the delaer broken any law when it concealed that the car was involwed in an accident?
I appreciate any information provided.

Thanks

Greg
Old 11-02-06 | 10:32 PM
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umm, did you specifically ask them if the car has been in accident, panels painted, etc...? i don't know the laws specifically, but i doubt if dealers are legally required to post all information about the car
Old 11-03-06 | 12:01 AM
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I thought the carfax mentioned accidents...
Old 11-03-06 | 12:35 AM
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Originally Posted by Christian8
I thought the carfax mentioned accidents...
what do you mean, he said carfax is clean

and by no means is carfax accurate. to me it's a slight indication, i would neve come close to trust its report. a lot of times accidents and problems just don't show at all in the report

good luck greg, hope someone with more info can chime in. i will try to get someone to look at this thread too
Old 11-03-06 | 12:52 AM
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Agree, Carfax is an indictor only, not a complete history of a car. Now, did the Carfax come with some sort of guarantee for unknown damages?
Carfax gets their information from owners, dealers, insurance, paint shops, etc....But that is only if they feel like reporting damages.
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Old 11-03-06 | 04:26 AM
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Different companies like Carfax report different things. I know my cousin's Golf VR6 (he got it in the U.S. and nationalized it here) had differences between Carfax and some others he had looked at, with the others showing an accident and Carfax did not. He did not care in the end, but of course for most of us we obviously do.
Old 11-03-06 | 04:34 AM
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the laws differ from state to state. here in alabama it is not the law to disclose any prior paintwork, however, it is extremely good business practice and we will disclose things we find even if the previous owner did not disclose it to us (happens frequently)

could have been anything - accident, hail damage, paint defect, keyed, etc.

have you contacted the dealer you bought it from and if so, what did they say?
Old 11-03-06 | 04:49 AM
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While each state is different I did find this:

http://www.consumer-action.org/engli...ill_of_rights/

In general only vehicle condition statements in writing would be grounds for a case. If you have in writing that the vehicle has not been in a accident without any condition clauses ( like "to the best of my knowledge") then you have a chance. If the clauses are there you would need to prove prior knowledge on the dealers part. You may be able to find the previous owner through the DMV (in some states) and get a better history.
Old 11-03-06 | 02:52 PM
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Originally Posted by jjbodean
the laws differ from state to state. here in alabama it is not the law to disclose any prior paintwork, however, it is extremely good business practice and we will disclose things we find even if the previous owner did not disclose it to us (happens frequently)

could have been anything - accident, hail damage, paint defect, keyed, etc.

have you contacted the dealer you bought it from and if so, what did they say?
Thanks everybody for your interest in this. I have not contacted the dealer yet. I am trying to find out what options I have before contacting the dealer. Then I can have a more informed discussion with him.

Thanks again

Greg
Old 11-03-06 | 03:16 PM
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Read the sales contract then think, then see if you need a lawyer.
Old 11-03-06 | 03:52 PM
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If you have a clean carfax with a guarantee, they buy the car back (not the dealer).
Old 11-03-06 | 04:00 PM
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Two words...Buyer beware.
Old 11-03-06 | 08:44 PM
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Clean Carfax honestly doesn't mean anything. My 2001 Mazda was hit and it doesn't show on Carfax.
Old 11-03-06 | 08:57 PM
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yeah, if the car was hit and the owner never filed a police report and/or insurance claim, how is carfax going to know what happened?
Old 11-03-06 | 09:00 PM
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I think Carfax only shows accidents if there was an insurance claim?


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