Does a car dealer have to have to disclose if the car they are selling has been in an accident?

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Does a car dealer have to have to disclose if the car they are selling has been in an accident?

Asked on July 4, 2015 under General Practice, Idaho

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The law regarding this varies from state-to-state. However, as a general rule, a dealership doesn’t have to tell you if the car has been in a very small accident that did no real damage. However, they do have a legal obligation to disclose “material facts” about a vehicle, whether or not you ask for this information. These facts include disclosing if the car was subject to a lemon law buyback, had been a rental car, has a salvage title or was in a major accident. Failing to divulge material facts about a vehicle is a violation of law and you can sue a dealership for selling you a bad car.

Again, since these laws are differ depending on the jurisdiction, you can consult directly with an attorney who  specializes in consumer law cases; they can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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