Legal Question in Consumer Law in North Carolina

Does a car dealer have to disclose a known mechanical issue with the car. In my case, it was a leaking head gasket. The General Manager told me that there were no known issues with the car, but when I recieved a copy of the service history, the dealership had descovered that the passenger side head gasket was leaking, a $1500 repair.


Asked on 11/05/12, 11:19 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Yes and no. In North Carolina, there is no "lemon law" for used vehicles. So there is no real duty to disclose former repairs but if asked, they can't lie. If you asked if there were any problems and they lies or otherwise, you were mislead to believe the car was in prime condition, then you may have a claim against them.

You question wasn't 100% clear, but if the service history indicates a repair to the head gasket and the repai just failed...then you will have a tough road. You will have to prove that they knew the reapir failed, while they will argue that they reasonably believed the repair was successful.

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Answered on 12/06/12, 11:07 am


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