Legal Question in Consumer Law in Georgia

Required Used Car Disclosure

I purchased a used 2005 dodge caravan that I was told was a program car and only driven by dealership employees. It had 6000mls at the time of purchase, which I believed to be reasonable for a dealership employee driven car. I have had it 14 months. Recently the back windows have started leaking. It is still covered under warranty and I took it in, only to be told by the service department that the left side was out of alignment, possibly due to an accident and that the warranty for alignments ran out at 12mths/12000mls. I was asked if it had been in an accident and stated no unless it was by one of their employees since they were the only ones to drive it. I was then told that it was bought at an auction from a rental company. Shouldn't they have disclosed that at the time of sale. I was specifically told it was only driven by employees of that company. I also specifically asked if the van had been in an accident, because only one rear window was tinted, which I found odd, and was told no, that they would have to disclose it if it was, but when I asked again today they stated that it only had to be disclosed if the accident happened while in their possesion. What are the laws regarding what a dealer must disclose?


Asked on 1/27/06, 7:54 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Required Used Car Disclosure

You do not say whether or not the car has actually been wrecked. Unless you find out that it has, the issues seems to be whether or not they should have disclosed (or not lied about) who drive the car. Used cars are general sold "As Is," or perhaps with a limited warranty. Generally, the paperwork you sign will state that you have relied on no statements about the vehicle. I assume you had the opportunity to have the car checked out by a mechanic and check the car's history with a Carfax report? Given this, if this is just an issue of who put the 6,000 miles on the car, you probably have a very, very tough case. Cars go out of alingment for many reasons. If you find out the car was significantly damaged in a wreck, and the dealer actively hid that from you, you have a stronger complaint. However, even then, your paperwork and other facts will have to be examined to see whether or not you still took the car "As Is" or with the very limited warranty. In the future, always get a Carfax report (not just a generic sheet the dealer may show you), and get the car checked out by a mechanic prior to the sale becoming final.

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Answered on 1/29/06, 10:39 am


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