Birmingham, AL asked in Consumer Law for Alabama

Q: can I use a dealership for saying my car had a new motor when it was used. 6 days after purchasing the motor seized.

in addition to lying ab the car having a new motor, he also lied ab the condition of the car. he also owns a salvage yard. someone salvaged a wrecked vehicle that he sold to me without disclosing any information ab the accident when I bought it. the accident wasn't reported and although the previous owner had an accident that prevented her from driving it safely. the impact from the accident happened underneath the car causing visible damage to the oil pan beneath the car. bc of the location of impact in this accident the airbag never deployed. and most times the insurance company wont deem it "totaled" unless the airbags deploy. so instead of filing it on her insurance she just salvaged it. since the accident isn't listed on the CarFax he didn't have a file for a salvage title. he patched it up so that it was drivable then sold it to me "as is".

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: You may have grounds to take legal action against the dealership for misrepresentation and failing to disclose the true condition of the vehicle, including its history of accidents and the fact that the motor was not new as claimed. Misrepresentation in the sale of a vehicle, especially when it involves hiding significant details like accident damage or the true condition of vital components such as the engine, can be considered fraudulent activity. The laws regarding vehicle sales, disclosure requirements, and consumer protection vary by region, so it's important to understand the specific laws that apply in your area.

Seeking advice from a legal professional experienced in consumer protection or automotive fraud cases would be a wise step. They can provide guidance on how to proceed, including evaluating the strength of your case, what evidence is needed, and the potential outcomes of legal action. Documentation such as the sales agreement, any communications between you and the seller, and assessments from independent mechanics regarding the condition of the vehicle and the engine will be crucial.

Additionally, you might want to report your experience to consumer protection agencies or automotive regulatory bodies in your region. These organizations can sometimes offer assistance or take action against businesses that engage in deceptive practices. While the process of seeking recourse can be challenging, taking these steps can help protect your rights as a consumer and possibly recover some of your losses.

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