Overhaulin'

Is a car dealer responsible for selling us a car that has frame damage? It's value is only 1/2 bcause of this

I need to sell my daughter's 2004 Honda Civic, due to financial reasons. Took it to get appraised, that's when I found out about the frame damage. Was told there are clamp marks on the pinch rails. This was not disclosed to us when we bought the car in 2005, making it just a year old. A vehicle history report came back clean during the appraisal. So how does this happen? The car has not been in any major accidents since we've had it for this to happen. She owes almost $13,000 on it yet, and I was offered only $6,500. So can anybody out there help me out on what to do? Thanks to all, in advance!

Public Comments

1. You would have to be able to prove that they knew about this and sold it to you with knowing.
2. You really would need more specific info.,other than it has had marks on the pinch rail..A carrier tie down chain will leave marks also..I would believe the history report more than I would an appraiser that says he sees marks.. I'm sure if it had that kind of damage,the previous owner would have had their insurance pay for the repair..With that said,it should have showed on the history report.. If it is a Carfax report you can ask them about it and see what they say..They do have a "Buy Back Guarantee" if they miss a problem like that.. Anyway, if you can prove it has frame damage, either Carfax or the dealer would be responsible.. There has to be more proof than a couple of marks on the frame though...Good Luck!
3. Are you trading it, or selling it private party? Does it drive straight, feel right? Then I would sell it by getting values from KBB, NADA and Edmunds TMV. Take the three and get an average selling price. List it in Craigslist for that price. How do you know there is frame damage? Just because there are "clamp marks"? Sounds fishy to me. Auto body shops can get a vehicle back into manufacture specifications, so it sounds like the previous body work is a moot point. Would I personally disclose the previous body work when selling it? No. After all, you didn't know until the inspection and cannot even confirm there was even body work done. Get the clean carfax and provide it to pontental buyers.
4. If the history report was clean, how was the dealer supposed to know? Obviously he didn't. CarFax (assuming that is who you used for the report) often misses things unless they are in the public domain, and they have a disclaimer on their site which basically says "If we missed something, you agree it's not our fault" so you can't do anything there either. Just one of those unfortunate things and again shows the importance of having any car you are thinking about buying inspected by your mechanic before you lay down the money.
5. Let the buyer beware! It is an old saying through centuries ago. You are stucked with not much a recourse. The dealer (most likely bought the car in an auction) sold you the car might not be aware of it. The original owner sold the car in an auction probably knew about it and fixed it without involving insurance company. Therefore no record this car was in wrecked. You had paid too much when you first purchased this car. You still have this big balance. You won't able to walk away from this car unless you are will to ruin your own credit by turning the car back to the bank. Good luck!