If Ipurchased a used car lastyear and now want to sell it but have found out that there is a carfax on the car, what are our rights?

UPDATED: Feb 14, 2012

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If Ipurchased a used car lastyear and now want to sell it but have found out that there is a carfax on the car, what are our rights?

We can’t sell the car as all buyers are concerned of the carfax accident report. Do we have any rights to go after the dealer for not disclosing this fact? Are we protected under any consumer protection laws?

Asked on February 14, 2012 under General Practice, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sell the car that you have to some buyer except that you will be legally required to disclose the car fax report about the vehicle to anyone who is interested in purchasing it.

The issue I see is with respect to the prior seller of the car as to whether or not he or she disclosed all known about it before you bought it. If the prior seller was aware of the car fax report presumably setting negative information about it and failed to disclose this to you before the sale, then you very well could have an action for "concealment" if you can prove this. Your damages would be the fair market value of the car when purchased versus the amount that you paid for it.

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