Cumming, GA asked in Car Accidents and Consumer Law for Georgia

Q: Do used car dealers have to disclose an accident?

Purchased vehicle from used car dealer in Dec '16 with clean AutoCheck. Just found it had been in accident with $15k damage.

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1 Lawyer Answer
William C. Head
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Answered
  • Personal Injury Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: If the vehicle is sold as NEW, yes. But, a general principle of commerce is "buyer beware."

Several tracking services like CarFax now let a buyer know this information, or any good car dealer or top-rated body shop could see this, in an inspection.

You can report the "non-disclosure" to Consumer Affairs. http://ocp.ga.gov/consumer-services/filing-a-complaint

Here are their guidelines:

Does your complaint involve a “consumer transaction?” With few exceptions, we can only address complaints involving a purchase, lease or rental entered into for personal, family or household purposes. Transactions for investment or profit and most business to business transactions do not meet fall within the statutory definition of "consumer transaction."

Does it affect the public good? This office represents the State of Georgia as a whole. We do not represent an individual. By law, we are unable to address an individual situation that does not affect parties beyond the two directly involved. Often we refer people to magistrate court or recommend they talk to an attorney.

Is there is an ongoing pattern of the alleged improper behavior? We need evidence that the company has continued to engage in unfair or deceptive acts affecting the public at large. Otherwise we might take no action other than monitoring the company's future activities.

Does another state or federal agency handle this type of complaint? If another state or federal agency has specific jurisdiction to handle your allegations, we must refer your complaint to that agency. Examples of issues that we cannot handle are insurance, banking, professional licensing, the justice system, various environmental issues, health program administration and social services (to name just a few).

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