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southernGirl85

Purchased car from dealership, now found out it was Total Loss Vechile

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We purchased a 2002 Nissan Pathfinder with approximately 133,000 miles from a car dealership in TN for my daughter in July 2011.  This is a large dealership, not a small local one.  We had a CarFax report and believed this to be a car that was in good condition.  We paid cash for the car.  We have the title to the car and it appears to be a  "Clean" title.

 

In August 2013, we decided to buy her a newer car before she went off to college.  We considered possibly trading in the Nissan Pathfinder.  While we were at a different dealership, this one ran a CarFax and came back to us and said that they could only give us $1000 because the car had a "Salvage" title.  According to the CarFax, it was wrecked on 7/5/09 and was declared a "Total Loss Vehicle" by the insurance company.  CarFax began reporting this info on 2/25/13.  We bought the car 2 years after this wreck occurred and had no idea that this had ever happened.  The car was also wrecked on 5/24/10 and CarFax began reporting this info on 5/8/13.

 

Had we known that the car had been wrecked twice and declared a total loss by the insurance company, we would have never purchased it.  Now we don't know if we can sell the car and it will bring much less than we thought it would.  I have several questions that I am hoping someone on here can help me with:

 

1.  Do we have any type of legal case for fraud against the dealership or insurance company (I don't know who it is)?

 

2. How can it take CarFax 2 years to begin reporting an accident?

 

3.  Am I opening myself up for any type of legal problems if we sell this car (as long as we provide the current CarFax) and disclose what we know about this car?

 

Thanks for any advise that you can give.

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i don't think your problem is with Carfax.  Carfax can only report accident information that is reported to them (and informs you of that at the top of its report). it looks as if Carfax reported the information as soon as it received it, which is all it can do.  Carfax also specifies on its report that you should not rely on its report as having the total history of an auto, and that you should have an independent mechanic inspect an auto before you purchase it. did you have an independent inspection on the car before you bought it?

 

in my opinion, your issue is with the dealership where you bought the car. salvage titles are not marked salvage retroactively; somewhere along the line the dealership had the car with a salvage title - either it bought it from an insurance company or an individual with a salvage title.  if the title was not marked as salvage when you bought it, somehow the dealership did something to wash the title so the salvage mark wasn't on your title.

 

but as a practical matter you have a 11+ year=old car with probably 150,000 miles on it by now, i can't imagine the value of that car being much over $1000 anyway, so i can't see you getting anything out of this above what the second dealer will give you, not to mention putting time and effort into something it is doubtful you will get much of a return 

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I have one 9 months old car fax says 0 accidents & dealer swore the samething then I had it pulled up by GEICO and it was wrecked bad 2x over 2 years prior to me buying it.  I've had it less than 1 year and it's a total lemon. Also shows title issues on print out. I'm out $18k on a car not worth 12 now..  Help JM Alabama 

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1 hour ago, JM Bama said:

I have one 9 months old car fax

 

This thread is five and a half years old, so your post presumably has absolutely nothing to do with the subject of the original post.  Please start your own thread.

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