QUESTION

Do I have a case?

Asked on Mar 05th, 2023 on Consumer Law - Florida
More details to this question:
I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me is was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I have reached out to the dealer to notify them as they never disclosed this. They are saying they didn’t know and the auction never disclosed to them. My main question is, is the dealer or auction or either of them responsible and do I have a case to pursue? The title is a clean title, not salvaged. It is financed through a bank. But I’ve see. It before when these dealers buy cars with known damage and never disclose it or submit it to insurance, then “fix” it and sell it. My main concern is the integrity of the frame and how the vehicle will hold up in a wreck. I have a medically complex toddler that is already fragile and this is the main transportation used. Thanks for any advice.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
The problem here is the 1.5  years that passed before you raised the issue. You will have to prove the damage occured prior to your purchase, that the dealer was aware of the damage and that it was substiantial enough to have disclosed. The dealer may easily defend this claiming that you damaged the frame over the past 2 years and its not thier responsibility. If this is controverted you will need to retain a lawyer to intervene. 
Answered on Mar 09th, 2023 at 8:08 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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