Legal Question in Personal Injury in New York

I bought a used car from a dealership for about $29,000. The car had a very low mileage and you could not tell it apart for a new car. during the time of the purchase, the car's history had not accident. Now i am trying to sell the car and realized that the car was involved in a huge accident. I went to the dealership to solve the problem, they say there is nothing they can do and the accident was not yet on the car-fax yet when i bought it. Can i sue them?


Asked on 2/26/13, 1:25 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

i would.

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Answered on 2/26/13, 4:39 am
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Read your contract. Did you buy the vehicle as is and without any representations? Could a reasonably competent auto body technician have discovered imperfections on the vehicle by a cursory review? What are your damages? How can you prove that the dealer was aware of the vehicle's history? Are they not in the same shoes you are considering the carfax report? Did they hid anything from you? If your damages are limited due to the reduction of the price of your used vehicle as a result of a previous undisclosed, but discoverable accident, and if you are confident you can prove the car dealer breached its contract with you by submission of independent proof, proceed to small claims court in the jurisdiction where the dealer has its business.

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Answered on 2/26/13, 7:03 am


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