C5 without frame damage
Le Mans Master
Joined: Dec 2017
Posts: 5,563
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From: Virginia
2021 C5 of the Year Finalist - Modified
St. Jude Donor '21-'22
If you specifically ask about frame damage, and they don't tell you, you have a potential fraud claim. However, you would have to be able to prove that they knew about it and lied to you. In your particular case, the dealer could also argue that any damage to the frame occurred during shipping. Failing to disclose ANY problem with a car is fraud if you specifically ask about that exact issue, and the seller lies to you. Good luck actually winning that case. The burden of proof would be on the plaintiff in such a case.
Last edited by MWWarlord; Jun 15, 2021 at 12:25 PM. Reason: Spelling
Thread Starter
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Joined: Jun 2021
Posts: 69
Likes: 8
From: Poland
Is it not that they have to inform in writing about the damage to the frame without even being asked? I found this information here:
https://consumeractionlawgroup.com/frame-damage/
"Our goal is to put our clients back in the place they were the day before they bought the car. You have the right to purchase a car that is safe, and where any defects are disclosed to you prior to signing the sales contract. It is not illegal for dealerships to sell cars with frame damage or prior accidents, but they MUST disclose this information, in writing to the buyer. If this information was not provided, then you can sue the dealership for the frame damage to the used car " .
This information from the two links above is somewhat contradictory - one source says you need to ask specifically about it, and the other - that the dealer must show initiative in this regard himself.
https://consumeractionlawgroup.com/frame-damage/
"Our goal is to put our clients back in the place they were the day before they bought the car. You have the right to purchase a car that is safe, and where any defects are disclosed to you prior to signing the sales contract. It is not illegal for dealerships to sell cars with frame damage or prior accidents, but they MUST disclose this information, in writing to the buyer. If this information was not provided, then you can sue the dealership for the frame damage to the used car " .
This information from the two links above is somewhat contradictory - one source says you need to ask specifically about it, and the other - that the dealer must show initiative in this regard himself.
