What to do When Sold a Car That Has Been Wrecked!

Tony:

I wanted to ask your opinion on a matter. I purchased a 2005 Cadillac CTS from a private seller. This seller represented the car as unflawed and in like new condition, which based on appearance it was. After owning the car for two weeks I took the car to a local dealer to have two recall repairs performed. The dealer informed me the car had been in a wreck, trunk removed and repainted from the doors back. It seems this is why the mileage was so low on the car and not because, as the seller claimed, he and his wife rarely drove it. I had asked the seller if there was anything ever wrong with the car and the response was no.

Needless to say I am extremely disappointed in how this vehicle was represented. Under the law and in your opinion, is there any legal action I may take against the seller? Would it not be against the law to omit disclosure of such a fact?

The purchase price for the car was $22,000 which is fair market value for an vehicle with no accident history. With an accident history, I presume it is much lower. I have incriminating e-mail correspondence with the seller's agent (a friend of his who listed the car for him) as well as the original listing on e-bay.

Please let me know if you believe this matter has merit in pursuing and thank you for your time.

Steve

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Hi Steve,

I can't give you legal advice as I am not an attorney, but I don't believe a private seller is obligated to disclose any previous damage, if indeed he knew about it in the first place.

However, if you purchased the car through eBay you may have some recourse through them. Go to eBay and read through their help information pertaining to your situation. I don't know if they can help you or not. I do know they are very interested in making sure their customers don't get ripped off.

You may also want to contact your state's Attorney General's office for advice. In the end your only recourse may be to consult an attorney on this.

Tony Iorio
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