|
|
11-17-2011, 03:44 PM | #1 |
Private First Class
14
Rep 173
Posts |
Virginia State law question regarding Auto Fraud
Does anyone know, own, or have family that works for a Dealership in the state of Virginia? I have a serious matter at hand regarding my M3 and the dealer I purchased it from, and need to ask a few questions to someone who is familiar with the laws in Virgina regarding Auto Sales Fraud. If anyone can help out, please let me know .
-Dustin |
11-18-2011, 06:24 PM | #4 | |
Private First Class
14
Rep 173
Posts |
Quote:
The carfax showed on October 7th, 2010 the car was involved in a front and rear end collision, airbags were deployed and the vehicle was towed from the scene. I contacted my Insurance company to run the VIN through the claims database and they found out that the accident caused over $17,000 in damages. I am livid to say the least, this was not disclosed to me at the time of purchase and had to of been on the Carfax report. I'm pretty certain the dealer had to of faked the Carfax report. Regardless, nothing was signed stating the car had damage and furthermore the vehicle was sold to me for Fair Market Value when it clearly was not worth Fair Market Value due to having that amount of damage. I am going after the dealership for Auto Sales Fraud. -Dustin |
|
Appreciate
0
|
11-18-2011, 07:01 PM | #5 |
OIF Veteran
253
Rep 2,106
Posts |
Name of dealer?
If you don't want to let others know, then you can PM me
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops. |
Appreciate
0
|
11-20-2011, 12:35 PM | #7 |
OIF Veteran
253
Rep 2,106
Posts |
apparently the OP posted this in the M3 general forum and stated that it was a local VW Dealership that had sold him the M3.
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops. |
Appreciate
0
|
11-20-2011, 12:53 PM | #8 | |
Private First Class
14
Rep 173
Posts |
Quote:
-Dustin |
|
Appreciate
0
|
11-28-2011, 08:18 PM | #9 |
Second Lieutenant
123
Rep 209
Posts |
Can you get a copy of the Carfax they provided you?
I would spend a little money on an attorney and try your case bro, this is no laughing matter and you should take it serious. Also did the insurance company give you any advice? My friend had this happen to him but he bought it as-is so it was complicated but he didn't make any effort to get his money back, I wouldn't wait a day on this. |
Appreciate
0
|
11-29-2011, 06:56 AM | #10 |
Lieutenant Colonel
1079
Rep 1,735
Posts |
legalmatch.com - It's worked for me in the past. Just post a summary of your issue and lawyers will respond if they think they can help and list their rates. You can also view each lawyers reviews, if they have any. But almost every lawyer will give you a free hour of consultation listing your options and what they can do. I suggest talking to a few different lawyers to find the best one before agreeing to secure them as your lawyer in this case.
Also, this is why I pay for legal insurance. It's a nice piece of mind to know you have a free team of lawyers in your pocket whenever you need them. Good luck.
__________________
BMW CCA Track Instructor
Join to win a M School Day at the Performance Center! Enter Referral ID: 420186 |
Appreciate
0
|
11-30-2011, 11:47 PM | #11 | |
Private First Class
14
Rep 173
Posts |
Quote:
|
|
Appreciate
0
|
12-01-2011, 09:43 AM | #12 |
Second Lieutenant
130
Rep 292
Posts |
IMO, I don't think it'll be worth it to pursue legal action. It'll cost a lot more than what it's worth I would think not to mention the stress. Did you try talking to the dealer about them buying back the car for what it would be worth now if it didn't have the accident? THey will probably not give you what you paid them but you might be able to get more than if you were to sell it to carmax or whatever. If that doesn't work, I'd just sell it to carmax and take the loss. But that's just me. I hope it'll work out for you. I've had similar experience where carfax showed clean before buying a car, but after years, it showed accident. The stupid thing was, I had the car inspected at a dealer(acura) and they didn't even find it.
|
Appreciate
0
|
12-02-2011, 05:49 AM | #13 |
OIF Veteran
253
Rep 2,106
Posts |
OP,
You would have to prove that the dealership knew about the damage, willingly didn't disclose it to you, when you bought it. That would be a hard thing to prove. You'd have to find a witness or some sort of vehicle inspection documentation that shows they found damage when they processes the vehicle.
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops. |
Appreciate
0
|
12-03-2011, 10:41 AM | #14 |
Major General
2128
Rep 6,171
Posts |
OP, that is a tough situation. This is a great example of why Carfax is worthless! There are always delays in the system. In addition, the accident has to be reported to the insurance to get to Carfax, and that doesn't always happen. Of 5 used cars I bought that I got the Carfax for, all 5 had "clean Carfax." 4 of those had accident damage (I knew of the damage before purchase... It's generally easy to tell if there's been any paint work.).
IMO, if you still have warranty on the car, I would keep driving until it's almost expired. At that time, you should have a better idea of if the car will be reliable for you. There's no need to take a huge hit on selling it months after purchase. Good luck!!
__________________
When you say impact instead of affect/effect, you are communicating that you don't understand the difference between the two words, and are too lazy to learn.
|
Appreciate
0
|
12-13-2011, 12:14 PM | #15 |
Second Lieutenant
7
Rep 211
Posts |
There are attorneys who specialize in auto sales fraud. I had similar issue about 5 years ago in VA. I found a guy who gave me a consultation for $60 and answered all my questions. Well worth it.
|
Appreciate
0
|
12-14-2011, 09:31 AM | #16 |
//Mdicted
353
Rep 9,989
Posts
Drives: a Cop Magnet
Join Date: Sep 2005
Location: 495 Ring
iTrader: (18)
Garage List 2009 e92 M3 DCT CF ... [10.00]
2015 S-Works Roubaix [0.00] 2013 Trek Madone 5.9 [9.50] 2012 Scott - CR1-Pro [10.00] 2008 e92 M3 6MT (Up ... [10.00] 2002 e46 M3 Cabriol ... [7.00] 2006 e90-325i (DD) [7.00] 2002 e39 M5 (retired) [9.50] |
you may also want to check the State of Va Consumer Protection/Affairs Office under the State Attorney Site see what they have for you at:
http://www.oag.state.va.us/Consumer%...ion/index.html Good Luck
__________________
|
Appreciate
0
|
12-21-2011, 03:20 PM | #17 |
Private First Class
14
Rep 173
Posts |
I recently got an Attorney involved. Everything is underway, and I will keep you guys informed on how it ends up. He seems to be fairly confident in what we have.
|
Appreciate
0
|
12-21-2011, 03:25 PM | #18 | |
OIF Veteran
253
Rep 2,106
Posts |
Quote:
keep us updated
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops. |
|
Appreciate
0
|
12-21-2011, 03:52 PM | #19 |
Private First Class
14
Rep 173
Posts |
Thank you, I certainly will. I'm not really "going after" the dealer per say as in trying to get extra compensation out of the deal. All I really want is for them to purchase the vehicle from me at the price I payed to purchase it from them. If I would have known it was wrecked, obviously I wouldn't have paid fair market value for the car. As I am sure the previous owner who was involved in the accident hit his Insurance company for diminished value.
|
Appreciate
0
|
12-23-2020, 01:51 PM | #20 |
Registered
0
Rep 2
Posts |
Hey man, I'm going through the exact same thing. Would you mind PM'ing me so I could get your advice on what to do/what you did to resolve this? I bought my M4 from Land Rover of Chantilly and they didn't disclose a near collision prior to me purchasing it.
|
Appreciate
0
|
12-23-2020, 02:39 PM | #21 | |
Brigadier General
1542
Rep 3,338
Posts |
Quote:
-If you bought the car new, the dealer does not have to disclose damage that occurred prior to delivery if it was repaired and below a certain threshold. I don't know what you mean by "Near" collision. Was the car in an accident or how are you determining this? -I bought my first car and found this out the hard way when I discovered some overspray that was clearly not from the factory. Cars are reguarly dinged up so this is part of standard procedure. BMW can also repair the car at the port and not disclose it. My E90 had the bumpers resprayed after euro delivery.
__________________
Current: '20 X5, '18 M3 ZCP
Previous: '11 E90 335i, '11 E90 M3, '16 VW GTI, '15 M235i, '13 335i, '08 TL-S, '00 Corvette |
|
Appreciate
0
|
12-28-2020, 01:12 PM | #22 |
Registered
0
Rep 2
Posts |
My apologies, my car was in a "near total collision" with a guard rail, air bags deployed with front side and rear impact. I bought the car from a reputable dealer ship for market cost (if the car had not been in an accident) pre-owned. This accident was not disclosed to me at time of purchase, and now I'm finding out a year later when trying to trade it in that it's worth 15k less than I paid -- some dealerships, including BMW, won't even take it due to the airbags being deployed.
I'm wondering if this constitutes auto-fraud or if I should be entitled to some sort of compensation, since the accident wasn't disclosed and the car they sold me is worth significantly less than I paid for it. |
Appreciate
0
|
Post Reply |
Bookmarks |
|
|