What are my right regarding non-disclosure of a previous car accident by a dealership?
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What are my right regarding non-disclosure of a previous car accident by a dealership?
I bought my car 3 weeks a go from a dealershop. I did ask if there was any accident with the car and the sale person said no that there wasn’t. I didn’t ask for a carfax report either just pretty much relying on the verbal disclosure.When I decide to trade in this car for another one with another dealership, they ran the carfax report and find out that there was an accident listed. What is my right in this case? And what action should I take? Do I have the right to ask for a full refund in return of this car? What if the dealer said no, they won’t refund it? What proof can I provide that they did not show me the carfax report and that they didn’t disclose to me the accident since it’s all verbally done.
Asked on August 10, 2012 under General Practice, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all state sin this country, the seller of an item is required to disclose all material aspect of the item to all potential buyers affecting value or desirability. Given the fact that the car was in a prior accident the seller should have disclosed this material fact to you if the seller knew before the sale went down.
If the seller knew such information you and did not disclose this to you, you would be entitled to cancel the sale possibly. The hard part is proving that the seller knew about the prior accident.
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