Legal Question in Consumer Law in Alabama
brought a car with frame damage and was not told it had frame damage
I bought a 2002 ford mustang gt for a ford dealership. now i notice that it had some body work on the hood and they said it was aftermarket. i went to a body shop and the showed me fame damage all over the car. I had asked them if the car was wreck they said to there knowledge no. we car faxed it was clear. The body shop showed me where a new fender was welded in and othere details. they did not tell me there was cinsiderable frame damage. do i get an attorney or go to the dealership for a refund. now i have had the car a month and a half. and put 7000 miles on it. but i cant afford the car if it breaks on me.
1 Answer from Attorneys
Re: brought a car with frame damage and was not told it had frame damage
When a used car is sold "as is" the law places a duty on the buyer to be informed of the car's condition before the purchase. The dealership cannot conceal a material fact, if asked, provided that they have knowledge of the fact or should have knowledge of the fact. You will need evidence to show that they knew of the frame damage but concealed the fact when you asked if the car had been wrecked. I am not sure from your facts that whether the car fax was provided by the dealer or you did this after the purchase. If it came from the dealer they have a good argument they had no evidence to show it was wrecked. However, you may want to order a title history on the car from the State of Alabama to see where the dealer purchased the vehicle. You may be able to use that information to go back see what was disclosed to the dealer when they purchased the vehicle.
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