Do I have any recourse if a used car dealership knowingly kept prior damage information from me?

UPDATED: Sep 18, 2011

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Do I have any recourse if a used car dealership knowingly kept prior damage information from me?

I bought a vehicle from a used car lot last year. They have lied about repairs they made to the vehicle. I found out yesterday the vehicle was in an accident 8 years ago and there was frame damage, but they never disclosed that information to me. Do I have any recourse?

Asked on September 18, 2011 under General Practice, Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every sale of an item in this country, the seller of the article is required to disclose all things known by him or her concerning the item that would be material to the desirability of a willing purchaser or how much one would be willing to pay for the item.

If the car dealership knew about the fact the vehicle that you purchased was in an accident suffering significant frame damage and did not disclose this to you before sale, then potentially you have a basis to rescind (cancel) the sale based upon concealment.

In order to push the possible cancellation of the sale, you need to obtain documentation from the used car dealership showing that it knew about the vehicle's problems that you claim before you bought it. If you are successful in cancelling the purchase, you do not get dollar for dollar what you paid in that there will be an offset as to what the vehicle's fair monthly rental value was.

Good luck.

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 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.

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