I Purchased a Damaged Certified Car? Do I need a Consumer Attorney for a lawsuit?
Each of the major manufacturers have what is known as a certified pre-owned warranty program. These makes and manufacturers include Acura, Audi, BMW, Buick, Cadillac, Chevrolet, Chrysler Lincoln Mercury, Dodge, Ford, GMC, Honda, Hummer, Hyundai, Infiniti, Jaguar, Jeep, Kia, Land Cruiser, Lexus, Lincoln, Mazda, Mercedes Benz, Mercury, Mini, Nissan, Pontiac, Porsche, Saab, Saturn, Scion, Subaru, Suzuki, Toyota, Volkswagen and Volvo.
CPO or certified pre owned car are supposed to be better than the average NON certified used car since it undergoes a rigorous inspection and also is backed by the manufacturer
The manufacturers’ marketing objective with these programs is to elevate their status over other used vehicles in the marketplace. In my opinion, they do this by attempting to increase the quality of these vehicles through a process backed by the manufacturers and authorized dealers. In essence, the entire program is simply offering a manufacturers backed warranty on used vehicles. It seems rather simple. However, it is a little more complicated. The complication arises with their marketing and promotions department wherein these vehicles are portrayed as better vehicles than other vehicles on the market by dealership representatives, in my opinion.
The manufacturers do this by indicating that there were certain procedures and/or processes authorized and issued by the manufacturers and approved by the manufacturers to assure that these vehicles are of significant quality. Usually, the marketing program emphasizes both the benefits of the manufacturers backed warranty on used vehicles as well as the number of point inspections undertaken on the used vehicles. As an example, a manufacturer might say that you receive a warranty issued by the manufacturer for a certain amount of years based on the authorized dealership performing a 100 and so point inspection. As an example, the Nissan certified pre-owned program represents that there is a 156-point inspection which a used Nissan must go through in order to get certified.
Ultimately, the devil is in the details and how this program is done, how is it implemented, who performs the inspection and the method by which the inspection performed is key in the details.
One of the other significant issues is the history of the vehicle. And when I am referring to history, it is the accident history. Several of these programs indicate that they will provide a CARFAX as part of the certification process. However, it is still open for debate as to whether or not the authorized dealership and the manufacturer are providing certain representations as to whether or not the vehicle has been in an accident.
Question: If a dealership provides a CARFAX on a certified pre-owned vehicle which is authorized and inspected by manufacturer’s authorized personnel such as the selling dealer and it turns out that a CARFAX is clean but the vehicle has been in an accident, should not the manufacturer be responsible? In my opinion, the answer is yes. The buying public is permitted to rely upon the representation from the selling dealer that the vehicle has not been in an accident. Ultimately, if the vehicle has been in an automobile accident, the selling dealer cannot claim that they are not responsible for the product that they sale and the ‘promises’ provided as part of this program.
New Jersey law under the Model Civil Jury Charges for consumer fraud say that the concept of caveat emptor or buyer beware has been abandoned in this state. New Jersey no longer abides by the basic theory of caveat emptor or buyer beware but it is rather seller beware to make sure that you are certain that the product which is sold is in fact as promised.
If you have purchased a certified pre-owned vehicle and this vehicle has been represented without an accident either with or without a CARFAX and it ultimately turns out the vehicle is in accident or has been in an accident, the value has been adversely affected both by a negative CARFAX and the fact that the vehicle has been in prior accident.
Many times people expect a vehicle which was purchased as a certified preowned vehicle to have an increased level of quality. Sometimes this is true and sometimes it is not true. Just because a car is a certified does not mean that you should not have your mechanic look it up before the vehicle is purchase. The purchase of a vehicle is too important to completely rely upon a dealership.
Call the offices of The Law Office of Jonathan Rudnick LLC in order to discuss your rights.