Selling Damaged Cars and Disclosure
I guess the initial question is why would a dealership sell damaged cars and not tell the consumer? The real answer is because they can. The dealership knows that if they tell the customer this material fact the prospect will never buy the damaged good, especially if they have a family. As an example if the dealership purchased the car at auction the seller is required to make material disclosures as to frame damage or other significant damage. There is an entire light system at many auctions - green - yellow - red - to advise as to the condition of the car. If the auction requires disclosure why doesn't the dealer provide the same courtesy to their customers. Because they can.
The law on selling damaged cars is straight forward, material facts are required for disclosure. The dealer is also responsible for any affirmative representations that they make on the sale of the car. If the dealer says that the car was not in an accident they better make sure that the car was not in an accident.
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