Legal Question in Consumer Law in Georgia

I would like to know if I can hold a dealership liable for an inadequate (more like negligence) car inspection?

Before deciding to buy a used Lexus from a small-store-front dealership, I purchased a Carfax on the car and subsequently took the vehicle to a Lexus dealership for a pre-purchase inspection. The inspection cost $125 and supposedly included a 75-point mechanic check including a check for body damage due to previous accidents.

Both the Carfax and the dealers pre-inspection report were flawless. Hence, I subsequently purchased the car from the small-store-front dealership...which recently went out of business.

Months after my purchase, I took the car to a local mechanic (not the dealership) for basic service. The mechanic asked me if I was aware of the car's history...specifically that the car had at some point suffered serious body damage. I told him that wasn't possible given the clean car fax report and dealer's pre-inspection report.

I took the car to another mechanic for a 2nd opinion as to whether the car had been previously wrecked. It took the mechanic 2 mins to conclude that the car had been in a major accident. He quickly pointed to several parts that were non-oem (i.e. non-Lexus) parts including the rear bumper and silver overspray under the wheel-well indicating the car had been re-painted.

Both mechanics were shocked when I told them I had paid a Lexus dealer for pre-purchase inspection that stated the car showed NO SIGNS OF PREVIOUS BODY DAMAGE. They're only explanation was the dealer may have charged me for an inspection, but an inspection was never done. Per both mechanics, even to a new mechanic should have/could have easily spotted the car had been in an accident.

One of the mechanics suggest I purchase an AutoCheck report on the vehicle which provides more thorough information than CarFax. Indeed the AutoCheck report listed the car has having had a major accident that culminated in it being totaled out to the amount of damage including a bent frame.

I presented the Lexus dealership with the Autocheck report. They denied any wrong doing despite providing a pre-inspection that indicated the car had no previous body damage. They were also quick to claim that the pre-purchase inspection provides no guarantees about the condition of a vehicle. Hence, they cannot be held liable.

Is the Lexus dealership correct in that they have no liability or responsibility in this matter?

Do I have any legal recourse or claim against the Lexus dealership? If so, is their a time frame in which I must take action against them?


Asked on 11/08/13, 4:50 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you have a contract with the Lexus dealer in which they in writing guaranteed your inspection (and you actually have I bet the opposite - a work order with printed language that disclaims any consequential damages) you have no case in my opinion.

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Answered on 11/08/13, 5:07 pm


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