Legal Question in Civil Litigation in California
Accident information on used car
I recently purchased a used Honda Civic, one-year-old and still covered by warranty, from a Ford dealership. The fact that the car was previously in an accident was never disclosed, and the repairs do not appear on the maintenance records.
I found out about the accident because I had repair work done recently at a Honda dealership, who told me that the repairs needed were due to a previous accident and were not covered by the warranty.
I submitted the bill to the Ford dealership, and they have issued a check. However, in order to cash the check, I need to sign an agreement that this terminates all claims against Ford. I believe that there may be more work needed in the future and am unwilling to sign such an agreement.
What legal advice can you offer? Do I have the right to insist on reissue of the check without the agreement on the back? Would I be able to return the car?
2 Answers from Attorneys
Re: Accident information on used car
The best solution is to have a good mechanic look the car over. They can tell you what will need to be done and what will not. Get him to OK the car and then take the check.
Re: Accident information on used car
In a California it is the law for a dealership to disclose if a car has been in an accident. Obviously, the dealership new the car was in an accident or they would not be so quick to write you a check. I would not sign the check. You have a good case against the dealership for fraud and misrepresentation. If you would like to to discuss this case in more detail please feel free to contact my office either by emailing me at [email protected] or you can call me at (805) 546-9918 and I would be happy to give you a free consultation about your rights as a consumer. If you don't call me please call someone. You might be left paying thousands of dollars in repair bills that the dealership will no longer be liable for if you sign that check. I look forward to your call.
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