My friend bought car from a dealer in Illinois, but lives in Indiana. She didn't realize the car had flood damage. She did get a CarFax report before purchase but it was clean. Now the car is having mechanical problems.

What are her options?

  • I assume that the car was purchased "used" but the question isn't absolutely definitive on this point. – ohwilleke Jan 14 '17 at 1:22
  • Yes, the car was purchased as "used". – Tom Jan 17 '17 at 12:33

Unless the car was sold with a warranty, used cars are sold as-is, which means that neither the previous owner, the dealer, nor the manufacturer have any obligation to fix the problem. If the dealer actually knew of the flood damage but unambiguously denied that the car had ever been in a flood (which is something they could not know, anyhow), then that could be fraud. But is is highly unlikely that the dealer had actual knowledge and lied.

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  • Illinois's "lemon law" also does not apply if the car is used. illinoisattorneygeneral.gov/consumers/lemonlaw.html – ohwilleke Jan 14 '17 at 1:21
  • Dont know enough about them, but would yu have a case against Carfax for not advising thr damage? – davidgo Jan 14 '17 at 7:23
  • My friend took the car back to the dealer. The dealer couldn't have been more apologetic, and refunded her money, to which she applied to another vehicle on their lot. I'm still curious about the Carfax question posted earlier. Does anyone have any insight on the topic? – Tom Jan 18 '17 at 12:55

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