Legal Question in Consumer Law in North Carolina

I purchased a used car with a guaranteed clean carfax report 2 years ago from a national dealer, which i am still making payments on. I went to trade the car 2 days ago and found out the carfax report shows it to be a lemon(manufacture buy back)in 2002 and was involved in a minor accidentin 2003. What recourse do i have with dealer about this issue

Asked on 8/17/13, 5:49 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Your situation presents a number of issues.

First, the carfax is an issue if the seller warrantied that the home was not involved in an accident. Also understand that the term "lemon" is a term of art under the law. NC does not have a lemon law for used cars. For you to have claims here, the seller needed to warranty, most likely in writing, that the car had never been in an accident.

Second, we are a contributory negligence state. This means that if another party was wrong (unless you can prove outright fraud see first paragraph), if the suing part was also negligent, they cannot collect anything. If a court finds that you should have looked at the Car Fax report before buying the car, you are out of luck.

I recommend you consult with an attorney familiar with auto warranty law.

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Answered on 8/18/13, 6:49 pm

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