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Dealer did not disclose rental car


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#1 sfmike44

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Posted 20 July 2012 - 02:08 PM

Hello,

I bought a used car from dealer with no warranty. Car started having problem right away. I brought to a different dealer and they told me car was a previous rental. The dealer I bought from never disclosed. Do I have any recourse? I am in California.. San Francisco

#2 pg1067

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Posted 23 July 2012 - 05:59 AM

Of course not. It was a used car, and you said yourself that you got no warranty. If the car's history mattered to you, you should have asked about it.

#3 Tax_Counsel

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Posted 23 July 2012 - 10:05 AM

Hello,

I brought to a different dealer and they told me car was a previous rental. The dealer I bought from never disclosed. Do I have any recourse? I am in California.. San Francisco


No. It was a used car. You knew that when you bought it. There is no affirmative obligation of the seller, dealer or not, to disclose that the vehicle had previously been a rental. Indeed, what real difference does that fact make? Some former rental cars are in great shape, some not, just like any other used car. Only if you specifically asked about it and the dealer lied to you about the car's history would it matter. It was your obligation to check out the car before you bought it. Did you have the car inspected by a competent mechanic before you bought it? If not, why not? Even when buying from a dealer, you should ALWAYS have the car inspected by a mechanic you trust to uncover potential problems.

#4 Lemon_Lawyer

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Posted 07 August 2012 - 09:52 AM

Wow. That's incredibly inaccurate advice from people giving you a resounding "no."
Since you bought the vehicle from a California dealer, Title 13 California Code of Regulations, section 260.02 applies, which states:
( B ) Former taxicabs, rental vehicles, publicly owned vehicles, insurance salvage vehicles and revived salvage vehicles shall be clearly identified as such if the previous status is known to the seller.

So that gets you half-way there. If they KNEW it was a prior rental, they MUST disclose.

Step 2: Did the dealership know? This is an easy item if you purchased the vehicle recently. Effective July 1, 2012. What happened? California law now requires dealerships to obtain a National Motor Vehicle Title Information System (NMVITIS) report before a used vehicle is offered or displayed for sale. (CarFax is one of the approved services – see www.vehiclehistory.gov/). If the report indicates the vehicle has been “junked” or “salvaged,” or has a “salvage title” brand, then the dealer is required to post a “WARNING” disclosure on the vehicle – on a red card with specific language.

If you bought the car since July 1, 2012, then the dealerhsip is required to pull this informaiton.

Next - regardless of when you bought the vehice, go pull a carfax and see if it indicates it was a rental car. If so, then the dealership has imputed knowledge (and probably actual knowledge) that the vehicle was a rental vehicle - provided you purchased the vehicle after July 1st. The dealership must pull this report and know its contents.

All of a sudden, you have options. You can read a little more at: http://stopvehiclefr...the-carfax.aspx

Hope that helps.

#5 Guest_FindLaw_Amir_*

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Posted 09 August 2012 - 09:46 AM

Have you addressed this issue regarding your used car with the dealer that sold you such a rental vehicle?




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