Saugerties, NY asked in Contracts and Lemon Law for New York

Q: I bought from toyta dealership it was certified preowened and I went to trade it in and was told it was in a accident

the dealer said it was never in an accident and the car fax says different the car was 23000 and is now worth 8000 so I owe 18000 on a car that's not worth that what do I do please help

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1 Lawyer Answer

Peter N. Munsing

PREMIUM
Answered

A: The problem is if it was in an accident and wasn't totaled, generally that is, to carfax a depreciation. Did the dealer give you the carfax report? You may have a claim under state law. If you are trading it in at the dealer that sold it then they should give you the value with no markdown as it is their bad. That being said, understand that if your car has a book value of x, then that is what the dealer should give you--but that may leave you owing something.You can file a complaint with the office of consumer affairs of the state AG's office.

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