Previously Wrecked Vehicle and Odometer Fraud

Don't forget to "Ask Hal" if you have any auto fraud related questions. He's one of the top auto fraud attorneys in California, and he will respond to your inquiries FREE of CHARGE. Questions will be answered based on California law and general legal principles.

What constitutes fraud in the sale of a wrecked vehicle?

Few things are more aggravating in the purchase of a vehicle than to find out that it has sustained prior material accident damage. It is illegal to sell a new vehicle with any unrepaired damage, any structural damage or even if repairs were made costing more than 3% of the vehicle's value. Vehicles sold as Certified Pre-Owned vehicles, meanwhile, must live up to the dealership's advertised certification standards. It is always illegal to sell an unsafe vehicle, and if you asked specific questions about a vehicle, new or used, the dealer is obligated to provide truthful responses (to the best of his knowledge).

So, for example, if you ask a dealer whether a vehicle has been in a prior accident and the dealer, that misrepresentation can be auto fraud. Likewise, if a dealership fails to disclose material damage, even if previously "repaired," this can also be fraud.

How do I know if I have been sold a previously wrecked vehicle?

Consumers will typically begin to notice problems in the appearance or performance of their vehicle that may be tell-tale signs of a previous accident. Common examples of appearance items include: over-spray paint on portions of the vehicle, panels that don't line up or fit correctly, and doors or trunk lids that don't close properly. Common performance-related signs include accelerated or uneven tire wear and front-end pulling.

The best way to tell if your car was damaged is to have it inspected by a body shop. Signs of damage are usually fairly easy to detect, although a frame check may be required if structural damage is suspected. We routinely have clients' vehicles inspected by a nearby, reputable shop.

You should be aware that Car Fax vehicle history reports often fail to reveal prior accidents or damage - and that dealers sometimes use these (often incomplete) reports to "prove" that a vehicle hasn't been damaged.

What can I do if I think I was sold a previously wrecked vehicle?

If you think you may have been sold a previously wrecked vehicle, the Auto Fraud Legal Center can provide a cost-free, objective review to determine whether you have a case, and what you may be entitled to.

What is odometer fraud?

Odometer fraud occurs when a seller falsely represents the actual mileage of a vehicle. Common examples of odometer fraud include situations where someone has tampered with the odometer and rolled it back, someone has replaced the odometer and failed to provide the required notice on the vehicle, or where the odometer has rolled through all the digits and started over.

How do I know that I have been sold a vehicle with an incorrect odometer reading?

The existence of possible odometer fraud can be determined by researching records from the California Department of Motor Vehicles, contacting former owners, checking Internet sites, such as www.carfax.com and www.autocheck.com, and conducting a mechanical inspection of the vehicle.

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Sold previously wrecked car

I was recently sold a 2007 Toyota Camry. After a few weeks I noticed little things while driving it so I checked online on a site where you plug in the car title # and found it had been in an accident. I have the police accident #. Is there anyway I can have this accident case looked up for me? Are used car salesmen obligated in NY State-where I live-to reveal the fact an automombile had been in a wreck? Since buying it I've also noticed the rear end doesn't exactly match the rest of the frame. Can I get my $$ back? What are my options?

I'm going to get off of my

I'm going to get off of my soapbox now. But I will say, in Fresno, the best thing we can do is just Reduce. Live with less. Less waste, less food, less trips, less everything. It's a lifestyle change, and it might be a little hippie-esque, but it will make a much bigger difference if compounded across our population.

car

HI.. i went and spent $35 on carfax and all it did was tell me that there was an alert... it did not tell me what the alert is .. just that it is a rebuilt vehicle. It comes from a different state... so i am not sure if they deal with things as my state does. I think carfax is a rip off if all i get is a carrot dangling and no carrot. The car is for my son... it looks and drives great. It has Honda stickers on all areas of the car except the front driver side bumper or thereabouts. Short of spending the money to have inspected after spending $35 for car fax... what should i do ?

Alex

Alex,

To be perfectly honest, your best bet may be to take it to a local body shop. Simply tell them you're considering purchasing the car and ask them to take a look at the body. They can usually eye up re-painted areas and body work effortlessly.

As an added bonus, you can see what they would cost to buff it or something...

n a wreck

I was n a wreck on april 1,2008 iwas driving my 07charger, lady ran a red light tagged my passanger side n maken me hit a pt crusier on the driver side, its up2 11,000 n damages they don't wanna total it n its been n the shop since the 3rd of april its now 6 14 08, I don't want the car any more so iam gonna sell it when I get it back, I was wondering how do I go about find how much deperation I lost on the car since its been wrecked

Sold bum car

I just purchased a car on friday and learned on sunday that the car has been wrecked and has an incorrect mileage reading. I went to jiffy lube to get the oil changed and noticed that it had previous service done and that the mileage was higher then it is now. I ran the carfax and learned the car has a salvage title(had one, it has been washed) and has way more miles then what is on the cars odometer. I bought the car from a private party and he claims that he didn't know about any of this. Does he have to return my money or do I just eat it?

re:

yeah, there is so much, that these people can do to fool you. Actually you can never know. In my experience the best is, to buy from a private and know where he lifes. or at least he hast to know that you know. So there is the inhibition level a bit further down.

reply

Another practice used by some dealers is selling vehicles that were used for rental purposes and claiming these were “executive driven”. The consumer purchases the vehicle, believing that only one owner drove and owned it.

WHAT SHOULD I DO

I PURCHASED A 1999 CHRYSTLER CONCORD FROM AN AUTO AUCTION. DIDNT MAKE IT HOME WITH THE CAR. THE CAR STOPPED ON THE HIGHWAY? APPROXIMATELY 15 MILES FROM THE AUCTION AND OVER 100 MILES FROM MY HOME. I HAVE PURCHASED VEHICLES FROM THIS AUCTION IN THE PAST. THE TOW FEE FOR TOWING IT TO MY FRONT DOOR WAS $355. THE CAR HAS ALSO BEEN IN AND OUT OF THE REPAIR SHOP SINCE THEN AND THE BILL WAS OVER 1500 DOLLARS IN REPAIRS. FUNNY THING IS THE VEHICLE IS STILL NOT RUNNING. NO REFUND FROM THE REPAIR SHOP OR AUCTION AND THE AUCTION WONT TAKE THE VEHICLE BACK.
WHAT SHOULD I DO.

WHAT SHOULD I DO

I PURCHASED A 1999 CHRYSTLER CONCORD FROM AN AUTO AUCTION. DIDNT MAKE IT HOME WITH THE CAR. THE CAR STOPPED ON THE HIGHWAY? APPROXIMATELY 15 MILES FROM THE AUCTION AND OVER 100 MILES FROM MY HOME. I HAVE PURCHASED VEHICLES FROM THIS AUCTION IN THE PAST. THE TOW FEE FOR TOWING IT TO MY FRONT DOOR WAS $355. THE CAR HAS ALSO BEEN IN AND OUT OF THE REPAIR SHOP SINCE THEN AND THE BILL WAS OVER 1500 DOLLARS IN REPAIRS. FUNNY THING IS THE VEHICLE IS STILL NOT RUNNING. NO REFUND FROM THE REPAIR SHOP OR AUCTION AND THE AUCTION WONT TAKE THE VEHICLE BACK.
WHAT SHOULD I DO.

WHAT SHOULD I DO

I PURCHASED A 1999 CHRYSTLER CONCORD FROM AN AUTO AUCTION. DIDNT MAKE IT HOME WITH THE CAR. THE CAR STOPPED ON THE HIGHWAY? APPROXIMATELY 15 MILES FROM THE AUCTION AND OVER 100 MILES FROM MY HOME. I HAVE PURCHASED VEHICLES FROM THIS AUCTION IN THE PAST. THE TOW FEE FOR TOWING IT TO MY FRONT DOOR WAS $355. THE CAR HAS ALSO BEEN IN AND OUT OF THE REPAIR SHOP SINCE THEN AND THE BILL WAS OVER 1500 DOLLARS IN REPAIRS. FUNNY THING IS THE VEHICLE IS STILL NOT RUNNING. NO REFUND FROM THE REPAIR SHOP OR AUCTION AND THE AUCTION WONT TAKE THE VEHICLE BACK.
WHAT SHOULD I DO.

WHAT SHOULD I DO

I PURCHASED A 1999 CHRYSTLER CONCORD FROM AN AUTO AUCTION. DIDNT MAKE IT HOME WITH THE CAR. THE CAR STOPPED ON THE HIGHWAY? APPROXIMATELY 15 MILES FROM THE AUCTION AND OVER 100 MILES FROM MY HOME. I HAVE PURCHASED VEHICLES FROM THIS AUCTION IN THE PAST. THE TOW FEE FOR TOWING IT TO MY FRONT DOOR WAS $355. THE CAR HAS ALSO BEEN IN AND OUT OF THE REPAIR SHOP SINCE THEN AND THE BILL WAS OVER 1500 DOLLARS IN REPAIRS. FUNNY THING IS THE VEHICLE IS STILL NOT RUNNING. NO REFUND FROM THE REPAIR SHOP OR AUCTION AND THE AUCTION WONT TAKE THE VEHICLE BACK.
WHAT SHOULD I DO.

My car

I bought a 99 honda civic ex about a month in a half ago- a week after i got it i started noticing minor problems. On Saturday i was involved in an acident because my brakes mal-functioned. I put my foot on the brakes to slow down and they weren't working so i took my foot back off and slammed back on the brakes and they finally locked up but they let loose on there own and then locked back up causing me to rear end a F150.I hit going about 45 miles per hour and my air bag didnt go off. which made me suspect that the car has previously been wrecked or that the air bag has been tampered with. Is their anything i can do about this legally since i just got the car about a month in a half ago? I bought the car from a certified dealership nut had it financed through another company.

Our 2006 Chevy Uplander

We purchased it on July 26,2006 and was told it was a demo vehicle that dealers drove back and forth.The vehicle is a 2006 Chevy Uplander that we bought as a GM Certified used vehicle. A little while after getting it, it began to rust. We took it to the body shop at the dealer where we purchased it...and they informed us that it was really bought at auction, and that it had been previously wrecked. Therefore the materials used to replace it were second rate. We since then have had it in the repair shop for continous body repairs, as it keeps rusting and the repair shop keeps finding that more on this vehicle was replaced. We paid a fortune for this vehicle, and were never told that it was wrecked or we would not have bought it. We have small babies that ride in the back of it, so we asked the dealership to check the air bag sensors to make sure they are okay. We have not heard anything yet about it. It has been in the shop for a week this time as it has to be painted ...AGAIN! Why should we have to pay the price we paid when we were never told it was a previously wrecked vehicle? The dealer ship said that if they had known it was wrecked before they purchased it they would have never bought it...so what does that say for them expecting us to be happy with it? Please...any help would be greatly appreciated. We are in Pennsylvania.
Thank you.
Dave

Selling a car that has been wrecked.

I purchased a brand new 2006 Charger in Jan 2006. My husband was in an accident in it in March 2006. I have considered selling it since it was returned to me from the body shop. I have not had any problems with it. Honestly, I was unhappy once I brought it home and realized several features were not in my new car that had been in the car I traded in. Naturally seeing my new car on a wrecker was ill received.

Now I have been considering selling it and want to know what proper pricing would be since it has been wrecked. Do you know of any such information?

Thanks for your help!

Where do I get help?

I purchased a 2007 Impala on July 3rd in Chicago, IL ( I drove 400 miles round trip for this car) I noticed dirt in the front bumper and they just tried to avoid the subject as if it was nothing, until I was ready to sign papers and they took me out to show me that in a small area it had been repaired and painted and made me sign a paper stating I new it had damage. I asked for a repair order to show the full extent of damages but was assured it was minor. I also found a small ding on the rear and they told me to have it repaired and they would pay the bill. I continued to pester them for the repair bill and was continually told it was just minor bumper damage and maybe the grille. But I suspected much more because of lots of dirt in the paint and a couple of burn throughs in the clear coat "flat spots" Then I found a rip in the leather and they said bring the car back and take yours I've spent too much money on that car already....I said no, find me another one, but of course they couldn't. I get home from vacation Thursday and notice a huge 4x2 paint sag in the lower right frt door. They tell me it is a warranty issue, GM says no. They forgot I work in a body shop, until I told them what I thought had happened to the car, I couldn't get the repair order. So today I got the repair order....almost $6,000 in damage. plus the car was returned to the dealership after repairs were made on June 1 (they don't have a bodyshop), I've called GM twice and they said the accident has not been reported. Isn't that illegal? Now I have U-bracket on the 5.0 repaired radiator support that is missing bolts, a wrong bolt in the radiator support, gouges in the air cleaner assy and the red light is on in the On Star and they say it is a battery issue. I bought this car with 1501 miles and was told the salesmen had been driving it, which is not unusual. Should I lose money if I give it back, what about the rebates, especially the one from my insurance company. Not only that, I gave up a 4.49% loan when I rolled it over with my new loan at 5.25%. My bank say I can't go back, I don't feel I should lose anything. What about transferring license back? Who can I contact to help me? Isn't this consumer fraud for failure to fully disclose?
Here is a small list of replaced items, bumper, absorber, both headlights, hood, radiator, condenser, cooling fan assy, both fan blades, repair to both fenders and left door, radiator support, blend the right door. Also they replaced 2 pints of transmission fluid, but no hoses were replaced or transmission cooler or lines? Plus there was frame damage and they didn't do an alignment because the steering wheel is off, but if you straighten it up you run off the right side of the road.

sold wrecked car

hal's picture

The subject of selling wrecked cars is often part of my "ask hal" column which is part of this web site. While I would need to go over all of your facts with you, in general you have the right to get out of the deal and get your money back. If you have more questions or want to go over the facts just call at 800-466-5366. Hal

I purchased a vehicle with

I purchased a vehicle with almost 16,000 miles on it October 2006. I've been noticing rust coming through the panel on the passenger side. I took it back to the dealership that I purchased it from a month ago and they claim to have taken off the bumper and discovered that the rust was forming from rusty bolts, not from a wreck. The problem continued so I took it to a collision center. They confirmed for me today that when they took the bumper off, it is very clear the vehicle has been wrecked. The manager said he can see where it has been hammered and repainted with trash in the paint. They "halfway" completed the job and never put a primer over where they repainted. The dealership where I bought it from obviously lied when they said they took the bumper off. Two weeks ago I demanded all work orders from the dealership and they refused/could not provide me with a work order where they supposedly took off the bumper.

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