Full question:
I recently purchased a used vehicle ($ 33.000 Hummer ) from a local dealership, at a later date (two weeks) I learned that the vehicle had previously been wrecked. Upon speaking with the owner of the dealership he stated that he was unaware of this that he had sold this vehicle for a friend on consignment he also agreed that the repair work (painting of the hood) was substandard. He now wants to put me in contact with his friend. At the time of purchase I did sign an as is buyers guide but also purchased extended warranty this means it went through an inspection at the dealership. I know that some states have specific disclosure laws. I do not want anything but the hood painted.
- Category: Automobiles
- Date:
- State: Louisiana
Answer:
The answer to your situation depends on various factors. You may have a potential fraud claim if the dealership knowingly misrepresented the vehicle's condition or failed to disclose its history. Fraud requires showing that the seller intended to deceive you, leading you to rely on their statements to your detriment.
In your case, the dealership's owner claims he was unaware of the vehicle's past damage, which complicates the fraud argument. However, if the dealership was involved in deceptive practices, you might have a claim under deceptive trade practices laws.
Since you signed an 'as is' buyer's guide, it typically means you accept the vehicle in its current condition, limiting your ability to claim damages. However, the extended warranty you purchased may provide some protection, especially if the vehicle was inspected prior to the sale.
State laws vary regarding disclosure of prior damages. For example, in Louisiana, sellers must inform buyers about significant damage (over six percent of the vehicle's value) before the sale (La. Stat. § 32:1264).
If you only want the hood painted, you may want to discuss this directly with the dealership's friend, as suggested. If you choose to pursue legal action, consider consulting with a legal professional to explore your options based on the specific circumstances and applicable state laws.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.