Legal Question in Civil Litigation in California

I bought a 2008 Nissan Titan with 18000 miles from a small side dealer. Prior to buying the truck I bought a carfax report and it reported the truck as clean with no accidents or history of any kind. I asked the dealer if it had been in any accidents and he said no. 4 months later, after having several problems with it, i decided to trade it in on a new one. The Nissan Dealer brought up another history report and it had recorded prior frame damage the day before i bought the truck. It was sold from an auction to the dealer i bought it from. Legally the auction has to inform the dealer of its previous history. Therefor the dealer lied to me and sold the truck as is under false pretenses. Is that grounds to sue with a good chance of succeeding? Thank you


Asked on 2/28/10, 9:51 pm

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Based only on what you say, you could probably recover something but probably not enough to pay for an attorney. Your best bet is to take the deler to small claims court where you do everything yourself. The maximum recovery in small claims court is $7,500, however. I hope this helps.

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Answered on 3/08/10, 9:25 am


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