Legal Question in Consumer Law in Tennessee

i bought a used car from a dealer and was given a clean carfax report at the time of the sale.5 days later the check engine light came on so i took it to my mecanic who said the car was 4 quarts low of oil and a bent crank shaft. he said he had never seen this problem unless the car had been in a wreck.i contacted the dealer with this information and he told me that the carfax report showed no accident.i found the insurence card of the previous owner and called him.he said that he told the dealer when he traded the car that the carfax report was not accurate because 4 years earlier the car had gone out of gear and crashed into a tree in their driveway. insurance had paid for the repair.i then called the dealer with this information and told him i wanted him to take the car back because he had lied to me about the accident.he i have a case? thank you

Asked on 9/29/09, 10:30 pm

1 Answer from Attorneys

John Clark Gordon Law Group

In Tennessee, the "lemon laws" do not apply to preowned vehicles. However, if the dealer knew or should have know that the vehicle was wrecked prior to selling such vehicle to you, they could have committed fraud and be subjected to civil liability. Likewise, the Tennessee Consumer Protection Act provides protection for such acts of fraud and provides for up to treble (triple) your actual damages. Please contact me if you would like any additional information relative to this.

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Answered on 9/30/09, 9:46 am

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