What can I do?
October 1, 2007 7:50 AM Subscribe
I bought a car recently and the seller claimed "This vehicle looks new, with no signs of prior damage. There is no damage present on this vehicle." Turns out the vehicle had been wrecked. Do I have any legal options here or am I screwed?
The vehicle was being serviced today and was also being inspected. The mechanic told me that the frame shows obvious signs of having been pulled, and that there are scrapes on the frame and other signs of damage that point to the vehicle having been in a crash. The front bumper isn't flush with the body panels, and one headlight looks newer than the other.
The car's Carfax history was clean, and since the vehicle was being sold in New Hampshire (I live in Vermont) I didn't feel that I really had the resources to have the vehicle checked over by a mechanic before purchasing.
The vehicle was posted on ebay motors and the vehicle description was written:
Thank you for your interest and I look forward to hearing from you. Although you will not be this vehicles first owner, it will make you a fabulous vehicle. The mileage represented is the actual mileage of this vehicle. Yes, a smoker owned this vehicle, owner was very conscientious and careful when smoking. This vehicle looks new, with no signs of prior damage. There is no damage present on this vehicle. We looked all over and found no door dings, obviously this vehicle is one of those vehicles you always see parked deep in the parking lots. Although this vehicle was not garage-kept, it is in great condition. This vehicle shifts like a vehicle was meant to shift, perfect. This vehicle runs like the engine was very well taken care of. The vehicle's electric is working perfectly. This vehicle is perfectly sound, no known defects. There is a clean exterior on this vehicle. This is a clean vehicle with a beautiful interior. You should feel good with at least 75% of tire wear left on this set of rubber.
The seller also claimed:
This vehicle is being sold as is, where is with no warranty, expressed written or implied. The seller shall not be responsible for the correct description, authenticity, genuineness, or defects herein, and makes no warranty in connection therewith. No allowance or set aside will be made on account of any incorrectness, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. It is the responsibility of the buyer to have thoroughly inspected the vehicle, and to have satisfied himself or herself as to the condition and value and to bid based upon that judgement solely. The seller shall and will make every reasonable effort to disclose any known defects associated with this vehicle at the buyer's request prior to the close of sale. Seller assumes no responsibility for any repairs regardless of any oral statements about the vehicle.
The seller is a dealer, FWIW.
Am I screwed here or is there something that can be done?