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Old 10-28-2016, 08:32 AM
 
5,444 posts, read 6,992,974 times
Reputation: 15147

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Quote:
Originally Posted by Don in Austin View Post
I will never understand getting the independent buyer's check done AFTER purchase! Can someone explain this to me?

Carfax or Auto Check or any other such service can only report what is reported to them. There are a great many circumstances where a wreck will not be reported.

It does not sound like this car has a salvage title.

Don in Austin
The only time I can think this would be appropriate is if the dealership has a 5 day (or similar) no questions asked return policy.


For instance, I bought a used Subaru Forester a few years back. It was right at 100K miles and the dealership told me it had both head gaskets replaced (which is routine maintenance for that year Forester). I bough the car in cash and promptly took it to a mechanic. I did this because I got it in writing that they had a 3 day no questions asked return policy. Well, come to find out the work was not done and it was indeed leaking coolant. On the 3rd day, I took it back to the dealership, got my money back and ripped them a new one. If there is no such return policy, then yes, the vehicle should be inspected BEFORE money changes hands.
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Old 10-28-2016, 09:17 AM
 
15,796 posts, read 20,499,262 times
Reputation: 20974
Is this a $25K 1-year old Mustang off a major dealer lot?


Or a $3K, 15 year old Mustang off a use car lot on the local corner?




When you signed off on the damage, was it specific in that it listed the damage as to the fender? Or just generic?
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Old 10-28-2016, 09:50 AM
 
2,684 posts, read 2,400,335 times
Reputation: 6284
You're definitely not going to win this one. If the autocheck/carfax doesn't show an accident, and you couldn't tell from your own inspection, the court isn't going to hold the seller liable for something that is essentially the opinion of your mechanic.

Automobile purchases aren't like home purchases- the seller is under no duty to disclose known defects. Even if he were, if this damage isn't visible to the naked eye and required a mechanic to find, then he can easily say that he wasn't aware.

If the title is clean, then there's not really anything you can do.
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Old 10-28-2016, 09:51 AM
 
2,405 posts, read 1,445,901 times
Reputation: 1175
Quote:
Originally Posted by PJ Alidon View Post
Anyone out there purchased a used car and had an Auto Check report printed for them and indicated no accident but has structural damage? There was an obvious small repaired and repainted section above the right front tire. The seller told us that the car had a little fender bender but was not involved in an accident. Well, we took the car a day after purchase to a licensed mechanic for inspection and was told that the car was involved in a major accident; frame bent and air bags were faulty with several sensors dealing with air bag had over 7 error codes (issues).

Is this car considered a salvage in which the dealer in writing has to disclose Salvage, by law

I signed off on contract that I was aware of the structural damage as I was verbally explained that it referred to the minor dent that was fixed on right side of car.

Any advise??
Was this a "private seller"?
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Old 10-28-2016, 10:03 AM
 
Location: On the road
2,798 posts, read 2,676,642 times
Reputation: 3192
Quote:
Originally Posted by PJ Alidon View Post
Anyone out there purchased a used car and had an Auto Check report printed for them and indicated no accident but has structural damage? There was an obvious small repaired and repainted section above the right front tire. The seller told us that the car had a little fender bender but was not involved in an accident. Well, we took the car a day after purchase to a licensed mechanic for inspection and was told that the car was involved in a major accident; frame bent and air bags were faulty with several sensors dealing with air bag had over 7 error codes (issues).

Is this car considered a salvage in which the dealer in writing has to disclose Salvage, by law

I signed off on contract that I was aware of the structural damage as I was verbally explained that it referred to the minor dent that was fixed on right side of car.

Any advise??
Sorry for your loss.
Probably should have taken the car to your mechanic BEFORE buying it.

When I buy a vehicle, I ALWAYS run title check myself. Never trust one printed up by the seller. It is easy to fake a CarFax report. Well, "easy" depends on the skillset, but I can do it, so I know that most of the sledlots can find someone to do it for them.


If you have the autocheck report from the dealer, and run your own report and compare the two, perhaps you have some legal recourse.
You need to find a lawyer who specializes in Tort.
Perhaps the dealer will take the car back and cancel the contract, but you may be SoL
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Old 10-28-2016, 10:31 AM
 
Location: Greensboro, NC
5,922 posts, read 6,468,466 times
Reputation: 4034
I hope the OP answers back. I'm curious to find out a bit more about this situation.

I want to piggyback off of this thread. Assuming this was a private seller, how do you go about asking the private seller if you can take the car to your mechanic to get it checked out. How should both the buyer and seller handle this?
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Old 10-28-2016, 11:40 AM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,745,228 times
Reputation: 9985
Quote:
Originally Posted by PJ Alidon View Post
Anyone out there purchased a used car and had an Auto Check report printed for them and indicated no accident but has structural damage? There was an obvious small repaired and repainted section above the right front tire. The seller told us that the car had a little fender bender but was not involved in an accident. Well, we took the car a day after purchase to a licensed mechanic for inspection and was told that the car was involved in a major accident; frame bent and air bags were faulty with several sensors dealing with air bag had over 7 error codes (issues).

Is this car considered a salvage in which the dealer in writing has to disclose Salvage, by law

I signed off on contract that I was aware of the structural damage as I was verbally explained that it referred to the minor dent that was fixed on right side of car.

Any advise??
You knew. You signed for it. Your problem now. Used car sales are ASIS.
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Old 10-28-2016, 11:54 AM
 
2,151 posts, read 3,590,722 times
Reputation: 3432
Quote:
Originally Posted by headingtoDenver View Post
The only time I can think this would be appropriate is if the dealership has a 5 day (or similar) no questions asked return policy.
In that case I would say the purchase had not really be finalized.

Don in Austin

Quote:
Originally Posted by headingtoDenver View Post
For instance, I bought a used Subaru Forester a few years back. It was right at 100K miles and the dealership told me it had both head gaskets replaced (which is routine maintenance for that year Forester). I bough the car in cash and promptly took it to a mechanic. I did this because I got it in writing that they had a 3 day no questions asked return policy. Well, come to find out the work was not done and it was indeed leaking coolant. On the 3rd day, I took it back to the dealership, got my money back and ripped them a new one. If there is no such return policy, then yes, the vehicle should be inspected BEFORE money changes hands.
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Old 10-28-2016, 12:05 PM
 
Location: Pikesville, MD
2,983 posts, read 3,091,578 times
Reputation: 4552
Quote:
Originally Posted by skinsguy37 View Post
I want to piggyback off of this thread. Assuming this was a private seller, how do you go about asking the private seller if you can take the car to your mechanic to get it checked out. How should both the buyer and seller handle this?

From a sellers perspective, I'd take the car to a mechanic, but I wouldn't let some yahoo drive off in the car I'm selling without paying for it, even if they are saying they are just taking it to their mechanic. I'd have no problem letting a mechanic look at the car, but I'm going to be the one taking the car there. Not letting a potential thief take the car.
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Old 10-28-2016, 12:13 PM
 
Location: Grosse Ile Michigan
30,708 posts, read 79,802,285 times
Reputation: 39453
Quote:
Originally Posted by Tiffer E38 View Post
From a sellers perspective, I'd take the car to a mechanic, but I wouldn't let some yahoo drive off in the car I'm selling without paying for it, even if they are saying they are just taking it to their mechanic. I'd have no problem letting a mechanic look at the car, but I'm going to be the one taking the car there. Not letting a potential thief take the car.
I had a seller take a car to a mechanic for me. It was in another state. Mechanic said it was fine. It wasn't. Mechanic was not a mechanic at all, just a fake work order. Sure I could have sued the seller if I wanted to travel 1200 miles to do so and then hope the seller actually had some asset I could grab if I won. However it cost about $4,000 to repair the car, so I would likely spend that chasing it.

My solution that time was to stand in front of a mirror for fifty seconds yelling "You dumb s$%t!" repeatedly. That worked. I got over it and moved on. (Except the car has been sitting in my garage for years waiting for me to get to it.)
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