does an auto dealer have to disclose hail damage on a used vehical

I purchased a 2014 truck from Medved Autoplax in August 2016, I went to trade in and they tell me I have hail damage… we haven’t had any hail since but claim they didn’t know. Now they are offering to fix it for free but I feel I’m damaged, nor would have purchased the truck at the price I paid. What are my legal rights?

Asked on April 14, 2017 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the dealer knew of the damage and failed to disclose it, that may have been fraud (the intentional misrepresentation of a material, or important, fact, done to induce, or cause, you to buy the vehicle). If so, then this could provide a basis to recover, by a lawsuit if necessary, compensation, such as the different in value between what you did pay and what you should have paid, had the damage been known. 
However, it is only fraud if they knew of the damage--it is not a misrepresentation to not disclose what you are unaware of. Therefore, you would have to show in court, if you sued, that they did in fact know, or logically must have known under the circumstancs, of the damage. If they did not know, they would not have been liable.


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