Legal Question in Consumer Law in California

Crash not disclosed by dealership may void warranty

I bought a used 2003 Chrysler minivan from a Chrysler dealer about a month ago; it had less than 10,000 miles and had the existing 36,000/72,000 mile warranty. I had been told by the first salesman that it was a ''Certified Vehicle'' and that it had been a demo, but this salesman was fired for supposed ''lack of production'' during the transaction. The internet manager took over. While signing the papers, he informed me that it had actually been a rental car and while it had been fully inspected, it wasn't a ''Chrysler Certified Vehicle'' because the dealership was too small, but that everything was covered during the first 36,000 miles. When I took it to another dealer to address some problems with the AC and overheating, I was told that it had been in an accident (it didn't show up on the CARFAX), that it had a cracked radiator and electrical problems, both of which were crash-related, and that Chrysler would invalidate or restrict my warranty. What recourse do I have against the dealer?


Asked on 8/09/03, 9:20 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Crash not disclosed by dealership may void warranty

From what you have said, it sounds like you have a good case. You will have to sue the dealer and will need an attorney. Please e-mail me if interested in pursuing this.

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Answered on 8/11/03, 9:33 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Crash not disclosed by dealership may void warranty

First of all, in answer to your question, a dealer does not have to disclose a prior accident when selling a previously registered vehicle (Vehicle Code Sec. 9991). However, because you purchased the vehicle with a warranty, the Dealer itself has a duty to repair the vehicle in the event the manufacturer does not do so. The manufacturer is not required to uphold its warranty if a prior owner has caused damage to the vehicle by an accident. You will need to provide the Dealer a 30 day notice telling him that he must repair the vehicle or he will get sued (Civil Code Sec. 1782). I would need to see the following: 1) Contract of sale, 2) The warranty(ies), 3) Any written disclaimers provided to you by the Dealer, and 4) work orders showing the nature, extent, and cost of repairing the damage. Unfortunately, I will have to charge you to write the letter because this often resolves the issue. However, if the letter does not work and I believe you have a strong enough case (i.e. it will cost more than $5,000 to make the repairs) I may be willing to take the case on a contingency basis in the event the Dealer does not agree to make the repairs within 30 days.

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Answered on 8/10/03, 11:09 pm


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