Wow man, that is unbelievable... Total scammer for sure! Best of luck to you and your case against him. I'm sure you will do good.

This guy needs blacklisted for sure...

 

Yikes. Considering your proof this should all work out for you. Please keep us posted.

 

Dana would know. Hope everything works out.

 

Most likely, the purchase contract you signed stated that you were purchasing the car "as is" with no reps and warranties. So you're not likely to have any claims based on breach of contract. As a result, you're going to need to make a claim based on a tort, such as fraud, intentional misrepresentation (really the same thing as fraud in most states) or negligent misrepresentation.

Under the fraud claim, you're essentially going to need to argue that the dealer knew about the prior salvaged status of the car and intentionally misled you. That's going to be tough to prove if the title had been cleared, although you might find a smoking gun piece of paper or email when you engage in the discovery process. For example, you might learn that the dealer had actually viewed the carfax and intentionally lied about the status of the car.

The negligent misrep claim is basically a claim that the dealer should have known about the prior salvaged status of the car and was negligent or reckless in advertising otherwise (depending on what your state law standard is). You might have a winner here if you make a case that any dealer exercising reasonable care would have looked at the carfax or checked out the condition of the car.

As with all of these situations, you should find yourself a competent attorney in your jurisdiction who is familiar with these types of cases. Perhaps you could find a lemon law lawyer who also has experience in auto misrepresentation cases. Good luck!

 

If it's redone by a half-decent body shop, you'd never know.

Other areas to look are the trunk, particularly the seams, and same goes for all body seams/pinch welds around the car. We had a car come in clean Carfax but upon inspection it was clear the car had been rear ended.




I'd still like to know if the dealer was factory authorized? I don't think PCNA would appreciate one of their cars being sold in this fashion.

 

IF and I say IF I was able to find black and white evidence he was aware of the prior salvaged history how do you think it would play out. Again I am not claiming on this forum I have that but just play out that scenario. Does he loose his dealer license potentially ?

 

It was NOT an authorized dealer but this person has been affiliated with porsche over the years racing their cars etc etc

 

If you find the smoking gun he will immediately settle with you as he could be liable for punitive damages (although your lawyer will advise you to not get too excited about collecting them as it's actually pretty rare to get them). As to what action a regulator might take, that's anyone's guess. But I imagine that you will pursue it vigorously with all possible government agencies!

I wonder if you could subpoena carfax to determine if he ordered one? I imagine that used car dealers order a carfax as a standard procedure whenever they buy a used car.

 

Did you purchase a Carfax report prior to purchasing the car?

 

I don't know what it is about the automotive industry, but it definitely breeds some of the shadiest characters.
The ad came up in a quick Google search, and the author definitely went out of their way to make it appear as a flawless, low mileage car. Regardless of the fact that the title may have been cleaned prior to the dealer acquiring the car (assuming he didn't know) he should have done the extra leg work to back up the erroneous claims made about the car's condition. No matter how the scenario plays out, this dealer is a scumbag and should be avoided. There is no excuse for not checking the car out, which leads to the logical conclusion that he likely knew, especially given the calibre of cars he also has listed on his website. This guy isn't an amateur.
I'm sure you've beaten yourself up over it, but you definitely hurt your case by not doing at least a Carfax prior to the sale.
Best of luck to you. Hopefully this dealer does the right thing and karma works its magic.