QUESTION

automobile car fax

Asked on Aug 25th, 2013 on Consumer Fraud - New Jersey
More details to this question:
I purchased a used car from a dealer.  The car fax the dealer provided did not show any reported issues.  I went to trad the car in and this cat was in an accident 9 months prion the purchase. I have the car fax the selling dealer provided.  What if any legal recourse do I have?  I really I would like the dealer to purchase this car back, if if need the kick in some money I would be willing.  The trade in value I was told is less the 6k, I owe 14+k on it.
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1 ANSWER

Eric B. Bailey
As I understand it, when you purchased your vehicle, you requested a carfax from the dealer, and you received one that omitted important information that substantially affects the value of the vehicle. There are three basic types of compensable violations of the New Jersey Consumer Fraud in New Jersey: (1) affirmative acts, (2) knowing omissions, and (3) statutory/regulatory violations (see http://www.nj.gov/oag/ca/laws/CFAlaws.pdf). In this case, the primary question is against whom might you have any recourse? You might have a claim against the dealer, but you also might have a claim against the carfax provider or even another person or company. In any case, whether you have a claim or not is determined by the specific facts of your case. Please note that by attempting to answer your question, I am not acting as your attorney, and no attorney-client relationship has been formed. The response provided is based on the information provided and for informational purposes only; it is not meant to be legal advice and should not be construed as such. Additionally, I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. Eric B. Bailey, Esq. Law Offices of Eric B. Bailey, LLC, 871 Mountain Avenue, Suite 201, Springfield, NJ 07081. Telephone: (973) 467-1222; e-mail: eric@ebbattorney.com; web: www.ebbattorneynj.com.
Answered on Aug 26th, 2013 at 4:18 PM

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