Legal Question in Consumer Law in Nebraska

Used vehicle found to be in accident

My wife and I purchased a used 2005 Toyota Avalon on 6-4-07 from a dealer in SD. Everything looked good and the CarFax came back good. We went to trade in our car last weekend (at a dealer in NE where we live.) for a van and the dealer told us it was in an accident and they wouldn't accept it as a trade. They told us any dealer should have picked up on this as the signs were obvious to them.

Can we go back on the dealer in SD for selling us a wrecked car?


Asked on 6/19/08, 5:52 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Used vehicle found to be in accident

There is nothing wrong with selling a car that has been in an accident. People do it everyday. That is why we have body shops.

If dealer in SD lied to you about the car not being in an accident, and you could prove it...

Then you could hire an attorney in SD to sue for damages which would be limited the difference between a car that had not been in an accident and one that had; which would probably be less than $3000. Your attorney's fees are likely to be higher than that.

How do you know this last dealer you talked to was telling the truth? Most car lots don't refuse to trade because a car was in an accident; they just offer less money on the trade-in.

In any case, the damage could not be too significant or it would not have taken you a year to discover it; and then, only because someone else told you about it. If you don't know enough about cars to make a wise choice, then have your own mechanic inspect the next car before you purchase it.

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Answered on 6/19/08, 6:28 pm


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