I bought a wrecked EVO IX :(
Too all other possilbe used Evo purchasers, Evo IX body panels all have the VIN sticker on them.. It would be very easy to spot a missing one. I checked them when I bought my car new because it had some slight paint scratches in it (all but 1 buffed out) and wanted to make sure that it wasnt left over un-reported collision damage from a test drive even though it only had 20miles on the odometer.
and sorry but the fact is......
if you have a signed paper saying it hasn't been in a wreck, stolen or water damage you can do nothing about it. the dealer could be nice and buy it back equal or a little less money.
it is your responsibility to make sure the car is 100%, even if you just asked them and they said no it hasn't been. thats ot enough because they can deny it.
good luck
cheers!
if you have a signed paper saying it hasn't been in a wreck, stolen or water damage you can do nothing about it. the dealer could be nice and buy it back equal or a little less money.
it is your responsibility to make sure the car is 100%, even if you just asked them and they said no it hasn't been. thats ot enough because they can deny it.
good luck
cheers!
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From: NW Arkansas -- Land O' Twisties
I am pretty sure that the fault will rest upon the "knowledgeable" aspect of the dealer passing a wrecked car off as an unmolested one. Here in Arkansas, nondisclosure will void a sale.
You might be able to prove (most likely via the original owner) that the car was sold with full knowledge of damage. Even if Carfax doesn't show an event on the VIN, they'll be able to provide dates in which the records were requested, and if they show no requests made on the VIN during the transfer of ownership (by the dealer), an argument can be made to the effect that the dealer was negligent (and perhaps 'knowledgably' negligent, IYKWIM) in it's own dealings, resulting in misrepresentation of goods.
Regardless --- best of luck!
You might be able to prove (most likely via the original owner) that the car was sold with full knowledge of damage. Even if Carfax doesn't show an event on the VIN, they'll be able to provide dates in which the records were requested, and if they show no requests made on the VIN during the transfer of ownership (by the dealer), an argument can be made to the effect that the dealer was negligent (and perhaps 'knowledgably' negligent, IYKWIM) in it's own dealings, resulting in misrepresentation of goods.
Regardless --- best of luck!
Like someone else said, as long as the vehicle doesn't have a salvaged title, you're pretty much at the mercy of "how willing" the dealer is with working with you to make you happy, but they dealer has absolutely 'NO OBLIGATION" to take your EVO back.... especially after 5 months..
$13,000 in damage is not enough to total out an EVO.... The insurance company shouldn't even have brought it up, unless it was a salvaged vs. clean title scenario/situation.
Good Luck, but like they say, buyer beware... I highly doubt the dealer will take it back, unless they take it as a trade-in for something else... But I guarantee you that you will not be made whole on your initial investment.
$13,000 in damage is not enough to total out an EVO.... The insurance company shouldn't even have brought it up, unless it was a salvaged vs. clean title scenario/situation.
Good Luck, but like they say, buyer beware... I highly doubt the dealer will take it back, unless they take it as a trade-in for something else... But I guarantee you that you will not be made whole on your initial investment.
If they did not tell you that it has been in an accident, then you can sue them. In business there's a clause called, "Caveate Emptor" which mean, Let buyer beware. It's a law that makes the seller responsible for fully disclosing all necessary information before the transaction is finalized.
Years ago, a man bought a BMW from a dealer. The car was actually submerged under water and sustained severe water damaged. The dealer basically fixed it and made it look like its brand new and sold the car as a brand new car. The man later found out and sue the dealer under Caveate Emptor and won. The judge award the man like $80K (Not sure), but also award the man with $2 or $3 million dollars for punitive damage. Punitive damage is like a punishment for the seller for their wrong doing.
I think you have a case, take the car back and ask for your money or make a big deal out of it and sue them. Since you said that it's not their first time selling a wreck car to you.
Years ago, a man bought a BMW from a dealer. The car was actually submerged under water and sustained severe water damaged. The dealer basically fixed it and made it look like its brand new and sold the car as a brand new car. The man later found out and sue the dealer under Caveate Emptor and won. The judge award the man like $80K (Not sure), but also award the man with $2 or $3 million dollars for punitive damage. Punitive damage is like a punishment for the seller for their wrong doing.
I think you have a case, take the car back and ask for your money or make a big deal out of it and sue them. Since you said that it's not their first time selling a wreck car to you.
if they didn't know about it you can't really do anything. at least not after 5 months of owning the car.
to the original poster......have you looked at the car carefully from front to back top to bottom? did you notice any repairs?
Too all other possilbe used Evo purchasers, Evo IX body panels all have the VIN sticker on them.. It would be very easy to spot a missing one. I checked them when I bought my car new because it had some slight paint scratches in it (all but 1 buffed out) and wanted to make sure that it wasnt left over un-reported collision damage from a test drive even though it only had 20miles on the odometer.
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From: chicago, michigan, arkansas
why did you wait five months without insurance? most insurance company will check your vin number before insuring your car. again if it is not a salvage title there is nothing you can do.
I doubt 12k would total this car. I believe it's 75% of the current market value of the car based on mileage and local market factors. In other words, unless you put 50,000 miles on the car in 5 months it wasn't totalled. The only thing you might have going for you would be if your state, like mine, has a law saying you have to disclose an accident that costs more than $X.XX to repair. No matter what, though, you have to prove they knew about the accident BEFORE they sold you the car.


