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So i bought a 1999 deville from a dealer.. i had told them i didn't want an auction car, a salvage car, a lease, or a car that had been in any collisions.. so basically all i wanted was a personal trade in. ok so i called this dealership and they said they had exactly what i wanted.. they gave me a history report from "Autocheck" and everything checked out.. so less than 2,000 miles and 2 months later my "service transmission" and "service engine" lights came on about 2 days apart. Now i went to AAMCO and they said it will take 2500-3600 to fix what was wrong with the car and that it was kind of strange that there was so much wrong with the car at 74,000 miles.. so, following gut wrenching feeling, i bought the CARFAX on the car.. turns out it was a rental and had been in 3 collisions! THREE!! and both wheel hubs had to be replaced along with other front end parts.. (mad now) i also bought the "autocheck" report.. none of the collisions showed up, BUT they had edited it to show that it was NOT an auction car, which they knew would have turned me away.. question is, what do i do now? do i have any legal leverage here? fraud case? should i tell them to give me my down payment back and take back the car and terminate the loan? im so mad and confused.. HELP! please.. and thanks in advance for the answers..
You have no leverage at all You could have paid for those reports yourself ahead of time, but didnt. You could have had a mechanic look at it before you bought, but didnt. You agreed to buy the car you were shown in the condiiton it was presented. ALl the problems it has today existed when you bought it, or happened after you bought it. In either case, they are your issues now. Now - TopSource should be along in a moment with a long copy/paste screed,citing a number of laws that you can sue under. Keep in mind that none of the things he will say apply to a 12 yr old car, bought Milton IS. No state has a lemon law that covers 12 yr old cars.
The absolutely free reverse vin check sites generally provide fake information. To get real information, money will have to be paid. The free searches provide fake information so they can get your email address to send spam. Stay away from shady reverse vin check sites, most likely you won't get any information after you make the payment. Not to mention you won't get a report and you won't get an answer if you try to call for a refund. Stick with a reputable reverse vin check site like that has been around since 1995.
Auction car, a salvage car, a lease, or a car that had been in any collisions. That takes away about 80% of used cars. You own the car. Period.
I had told them i didn't want an auction car, a salvage car, a lease, or a car that had been in any collisions.. --- Was this in writing in your contract??? If not, none of the rest of your blog that I forgot about trying to read matters one single freaking iota. At least your got that POS worn out Caddy that you could donk out...right?
Ur unfortunately got ripped off :o put a for sale sign in it :(
Rite, classic case of fraud, good grounds for undoing the deal, esp since they tampered w/ the report... good evidence, try to get more in case you have to sue them in small claims. Def stay mad and dont be confused, you cant lose; there's a well-established process for getting your money back and then some. I've brought and won a few small claims cases and collected all my judgements. Often when you tell the would-be defendant, the car dealer in your case, the evidence [but not the details of it] you have on them, they'l pay you rather than goto court, pay the expenses, prob lose, and have the entire proceeding entered into the public record. Sometimes they wont pay till they get notice of your suit mailed from the courthouse, Certified. Sometimes they'r dumb enough to goto court. Sometimes they'r dumb enough to fail to appear; then you get a default judgement, usually for the entire amt you claimed since they'r not in court to challenge it. I've had that happen: the defendant dint show bc he thought he had his assets hidden, so the judge awarded me my entire claim amt. Then a law librarian showed me an asset he couldnt shelter; Gotcha! $$$. That case was a beauty, the perp thought he was home free w/ his clever ripoff then he gets a letter from the Real Estate Commisson saying pay me my judgement or lose his license. Lol...to have seen the look on his face. This is fun! There are so many weapons waiting for you to pick up. I wouldnt be surprised they laundered the title too, sounds like it could have been a Salvage title w/ all the collisions. That's a crime, maybe jail time, great leverage for you to get a more generous out-of-court settlement. I've used zoning law violations and enviro regs vs defendants, plus searching them for warrants, parole, probation & bankruptcy status. Those things can make them afraid to goto court, more leverage. They can have things like too many cars on their lot, cars parked on grass or dirt, etc: zoning law violations. If vehicles are leaking fluid into the soil & ground water, that can be a big fine, plus the remediation costs can be ruinous. I just called DEP about vehicle idling laws: more than 3 mins = $250 state fine, plus some townships have added their fines. DEP has a # to report violators, or local cops can respond...looks like a fun project. So, research the VIN very well w/ some more Autocheck-like services. There's a link below for the US Dept of Justice's title info system & some on title laundering & VIN cloning. Look, or have someone look at all the VINs on the car, you can find their locations on line w/ your exact model & year and mayby VIN. If one doesnt match, more evidence of fraud. Sometimes crooked sellers put a bad engine w/ its own VIN into a car whose other VINs are good. After you have as much info as poss, call about 10 lawyers who practice consumer law [always get multiple opinions] and ask for advice on the phone. It's free... they'r considering you as a poss client. Have all your documentation handy. If they dont mention it, ask about consumer protection depts on the county, state and fed level; the state atty gen's office, the agency that regulates car dealers, As Is contracts, Implied Warranty, enviro agencies, zoning, warrants, bankrupty info, etc. Learn your rights, enforce them ruthlessy, and you cant lose. And dont be influenced by the typical uninformed comments on As Is, etc. I bet no one here knows the As Is and Implied Warranty laws in your state on used cars. No form of contract will protect parties from the consequences of their unlawful acts like Fraud, Negligence etc. And read CA's two-day right to return law Consider the source. ------------------- U.S. Dept of Justice's Office of Consumer Litigation. “OCL has responsibility for litigation under the principal federal consumer protection laws these agencies enforce, FDA, FTC, Hwy Traffic Safety Admin, CPSC [product safety], Motor Vehicle Info Act [odometer tampering, etc], debt collection practices,” and more. ------------------------ To report violations goto , Federal Bureau of Consumer Protection ------------------ : a list of Federal Agencies where you can document a complaint against a company. If you can't find the topic you need, call toll free 1-800-FED-INFO for assistance. ------------------- Milton state atty gen’s office, some used car laws. -------------------- ----------------- “Recent Small Claims Filings & General News...” ----------------------- --------------------------------