What are my rights if a car dealership sold me a car that had an accident report but did not disclose the information upon sale?

UPDATED: Sep 29, 2022

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What are my rights if a car dealership sold me a car that had an accident report but did not disclose the information upon sale?

I didn’t find out until after I traded the vehicle in abd they gave me a carfax regarding the vehicle. The dealership sold the vehicle, the vehicle had an accident, then was traded back into the same dealership, then sold it to me. Do I have a legal leg to stand on?

Asked on August 17, 2015 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The dealership may have committed fraud based on what you write. Fraud is when someone misrepresents, or lies about, a material, or important, fact in order to induce, or cause, you to do something or enter into a transaction, and is reasonble for you rely on that representation. In this case, lying about the prior accident status of the car--something they clearly would have known about--is very likely fraud, since it is an important fact and one which affects you decision to buy the car. Fraud can provide a basis to void, or undo, the transaction--i.e. you give the car back, get money back--or to get monetary compensation, such as the difference between the value of the car with the accident and the amount you paid for it. If the dealership will not voluntarily compensate you, you could sue them to void the sale or seek monetary compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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