Did you just find out that your car actually has a history of major accidents? You must feel a wave of complex emotions like anger and frustration, especially when some dealers often hide behind the phrase “I did not know,” or point to an “as-is” sticker in the window. However, all is not lost, because under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), dealers have a legal duty to be honest, and in many cases, a legal duty to know the truth.
If you suspect you have been a victim of auto fraud, you do not have to take their word for it. Here is how you and your lawyer can prove they did not disclose information.
Vehicle history reports
While reports like Carfax or AutoCheck are a powerful starting point. If a report shows an accident was logged before the dealer purchased the car, the dealer cannot claim they were unaware. If the information was readily available to them and they told you the car was accident-free, that is a clear misrepresentation.
Auction records
Most used cars in Pennsylvania pass through wholesale auctions, which are required to disclose major issues like frame damage or salvage history to the buying dealers.
An experienced attorney can subpoena these auction records. If the auction told the dealer the car had frame damage and the dealer then sold it to you as certified or clean, you likely have a winning fraud claim. This proves the dealer had actual knowledge of the defect.
Post-sale inspections
If you did not get a pre-purchase inspection, a post-sale inspection by a trusted, independent mechanic is your best move. A professional can spot signs of old damage, such as:
- Over-spray from a cheap paint job.
- Non-factory welds on the frame.
- Mismatched body panels or uneven gaps.
In Pennsylvania, dealers are held to a professional standard. If a mechanic says the damage was old and obvious, the court may decide the dealer should have known about it, making them liable for damages regardless of what they claim to have known.
You can still file a claim
If you prove an auto dealer lied, you may be entitled to more than just a refund. Under the UTPCPL, victims of auto fraud can recover up to three times their actual damages (treble damages), plus attorney fees and court costs. Do not wait and request the help of a lawyer so they can review your claim.