Consumer Fraud and Buying a Damaged Car
Was your car damaged and did the dealer know about this fact?
The sale of damaged cars is very common. Thousands of cars are damaged, repaired and sold every year. Consumers who purchase these vehicles have had their rights violated when dealers do not make appropriate disclosures. Cars that have been damaged have inherently a lower value than those core set of not been damaged.
A consumer who is perched the damage car has lost money.
Once you have finally purchased that vehicle discovered that the vehicle was damaged it is time to act. You must take immediate, swift, action against the dealer who sold you this vehicle.
The issue becomes one of damages. If you decide to take the plunge, and sue the dealership in New Jersey Superior Court, the more you drive the court the less valuable your case becomes. While I do not feel that it is appropriate to provide the dealership credit on miles on a car you never should purchase, it is not uncommon for a court to permit a dealer who is engaged in an act of consumer fraud even mileage credit. Certainly the dealer argues that you basically got the value for the park once you have driven insufficient.
So it is imperative that you start suit relatively quickly if you decide to make that choice. While it is not an absolute prohibition on pursuing a car dealership it is but one more consideration undertake before during and after the litigation.
The point of litigation is to establish that the dealership knew that your vehicle was damaged, failed to make appropriate disclosures and intended to deceive. This might sound relatively easy, but in court of law it is relatively difficult. You need to do a full background check on the car including but not limited to playing Carfax and acquiring the title histories from the very states in which the vehicle is entitled.
Would you have determined where the vehicle is entitled, where the vehicle being paired, must undertake discovery to speak to these individuals and communicate with them to determine the nature and extent of the damage occasioned upon the car.
In these cases many times it is very important to contact the person who sold it to the core dealership and determine what they disclosed to the car dealership. Also it is imperative to hire an expert who can provide an opinion selling dealership should've inspected the car and have they inspected the car they would've known about the prior damage.
The detection of damages on either a used vehicle can be difficult to the average person. It is the obligation of the experts, the sellers of the automobiles, to detect and inform you of the damage on the vehicles.
However, under the theory never trust anyone, to understand where the damage is hidden, what is prior damage and how the detect it.
Let's work under the assumption that any prior damage on an automobile necessitate repainting. Thus the discovery of new paint or evidence of the paint is a primary consideration and obvious evidence of prior impact.
When a vehicle is released from the factory the paint is completely uniform as most cars have been painted at the factory. Once the vehicle has had his repairs the pain is not as uniform as it is out of the factory.
Thus, these deficiencies should be the starting point to determine whether or not the vehicle has been in a prior accident.
When a vehicle is painted there are several telltale signs that bear examination. Experts in the interview will tell you that you can see a different texture, dirt nibs in the paint, or to tape lines on the doors where the tape was removed after the painting was stopped.
If you run your fingers along the door jams frequently you can tell that a vehicle has been repainted by feeling a rough spray line or rough overspray. Then you look at the interior of the doors to determine whether or not they have been removed by looking at bolts for tool markings.
The easiest way to determine if a vehicle has been repainted is to use a gauge that measures the thickness of the paint. These are usually in the possession of used car dealers, used car managers or individuals by vehicles auction. It is common practice and accepted industry standards for individuals to have these tools on hand when purchase vehicles.
When these tools applied to the vehicle you can see any discrepancies in the paint thickness which will give you the evidence that the vehicle has been repainted.