If I found out that there were pre-existing problems wih my car, is the dealer responsible to fix the damages due to non-disclosure prior to purchase?

I leased a car 9 months ago “as is” and currently still making payments. The car was in an accident and was discovered to have damages that were more severe and pre-exisiting. These damages were not were not disclosed when purchased (the problems were due to a hitch that was attatched to the vehicle by a previous owner). Is the dealership responsible for the repairs? I can get the statements from my adjuster and insurance company with the damages, etc.

Asked on June 22, 2012 under General Practice, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming the auto dealer that leased you the vehicle that you have in your possession knew or should have known about the problems with it that you are writing about, it should under the law be responsible for the repairs since your own adjuster has opined that the issues existed prior to you taking possession of the rental.

Getting a statement from your claims adjuster and submitting such to the dealership that leased you the vehicle with all other necessary documentation to show the pre-existing damage would go a long way in making your case that the dealership foot the bill for such repairs and not you.

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.