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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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