What to do if I have a car I tried to trade in today and was told that it has structural damage?

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What to do if I have a car I tried to trade in today and was told that it has structural damage?

When I purchased the car 4 years ago; it had no information about the damage. Now I’m stuck with a car I wouldn’t have brought in the first place if I knew about the damage. The car history report said that it started reporting it 2 years ago. I was still unaware as I did not have a reason to run a car fax on my own car. I was never disclosed this information an the dealer stated they was unaware as it was not on the car history report at that time.

Asked on September 15, 2013 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the dealer was unaware, then the dealer would not be liable, or financially responsible (except to the extent of any warranties, guaranties, etc.); therefore, to have a viable legal claim (such as for the diminution or difference in value, between car with structural damage and car without), you'd have to be able to establish that *at the time* the dealer sold you the car, the dealer knew of the damage and withheld that information. That may be a very difficult thing to establish, based on what you have written.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the dealer was unaware, then the dealer would not be liable, or financially responsible (except to the extent of any warranties, guaranties, etc.); therefore, to have a viable legal claim (such as for the diminution or difference in value, between car with structural damage and car without), you'd have to be able to establish that *at the time* the dealer sold you the car, the dealer knew of the damage and withheld that information. That may be a very difficult thing to establish, based on what you have written.


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