Legal Question in Consumer Law in Virginia

Purchased a used car....

I purchased a used vehicle and they tried to clean the carpet and totally soaked it and let me drive it home right away with it still wet and didn't say anything about it. Now a few months later there is an awful smell in it as if the carpet and padding are molded or has mildew. They only want to clean it which mold and mildew cannot be cleaned. I am aware that these things can cause lung and breathing health issues. My daughter has been in the vehicle alot with her now 7 1/2 month old baby ever since he was born. He coughs and sneezes alot but we are unsure why. If the vehicle does contain mold or something of that sort it has now been circulating through the air vents and everything else. I feel that this vehicle would be unsafe for a baby to be in anymore. Also when i purchased this vehicle they told me that it was a one owner car out of florida but when i recently pulled a carfax report it belonged to a ''major car rental company'' in north carolina. I would have never purchased the vehicle if i had been aware of that. So my question is what if any kind of legal action can i take against the car dealership? Thank you.


Asked on 8/17/06, 8:17 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Purchased a used car....

You might have a cause of action against the dealership based upon fraudulent and false representations regarding the car's prior ownership history but not breach of any warranties since the vehicle was likely either sold "AS IS" or with only limited warranty protection which has now likely expired.

I would also think that proving that the car is in fact infested with a toxic mold which is proximately dangerous to the car's occupants would likely be quite a difficult undertaking and would require the testimony of an expert with credentials in these matters which would not come cheap.

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Answered on 8/18/06, 9:28 am


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