Legal Question in Civil Litigation in Washington
Car Issues
We traded a car in and we were unaware that the old car at one point (three years ago) had a Junk Title on it. The dealer never disclosed that to us when we bought the car originally. We have had the new car for over a week and now they are calling us asking for the new car back saying that we failed to dissclose that the old car had had a Junk Title. We DID NOT KNOW that it did, are we liable? Do we have to return the car if to the best of our knowledge the car had never had an accident? The dealer had the vin number and was capable at any time to run a fact check on it before the papers were signed. The fact that they chose not to should be there problem not ours. Do we have a case or do I have to give back my car?
1 Answer from Attorneys
Re: Car Issues
This is a new phenomenon with car sales. Now, the dealer wants you to disclose known problems with your trade in and conditions the sale on your disclosure, similar to the disclosures required of a house seller. However, there is a huge difference between a car and a house.
I don't believe there is any caselaw on this yet, mainly because no one has challenged it.
My suggestion to you is that you take this issue to the Attorney General, Consumer Protection Division.
Also, do you recall where you purchased the old car originally? Can you write to them and alert them that they failed to disclose to you the issue with the title?
I don't know enough of your facts to give you real legal advice in this forum, but if you need more help contact me. I would have to review the contract from when you purchased the new car.
There are attorneys who specialize in "lemon law" and I can help you find one.
Hope this helps- Elizabeth Powell
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