HUS4144

For starters, I'm not sure if this is at all the correct category to be posting this under and I apologize in advance.

I purchased an '09 IS250 in June of 2015 from a Mercedes-Benz Dealer in Southern California. At the time, I was told the vehicle had a clean history (no accidents) and was in good shape.

Nearly two years later, I found out that the vehicle had been in two accidents prior to me purchasing it, neither of which the dealer informed me about. I found out when I tried to switch insurance companies. The company I was switching too found the vehicle's history via VIN # and told me that they had paid out one of the claims on the vehicle. Even if the accidents weren't showing up on the CarFax, wouldn't the dealer have been able to determine that by inspecting the vehicle prior to selling it? Has anyone here ever faced a similar issue? If so, how was your situation handled? Any recommendations?

VTsuckah

iTrader: (1)

Considering it is two years later, you have no leg to stand on.

Upon signing for the vehicle, you are agreeing to take the vehicle as-is. In fact, all dealerships have this standard documentation for both used and new cars to guard against situations just like this.. Unfortunately, you can only blame yourself at this point considering you should have checked the carfax and the vehicle maintenance history on the Lexus/Toyota Owners website personally, let alone check for any differences in paint color and overspray on all body panels. If you did your homework, then I apologize. If not, this is a lesson learned.

TimboIS

Dealers do little more than wash a car for the used market. They're not going to invest any time or money into them. Plus they don't really want to know if there are any issues when they resell.... "plausible deniability".

DennisMik

This is not true of all dealers, maybe the majority, but not all. When I bought my IS in 2014, I looked at multiple places (new car dealers and independent used car lots) and most showed me a carfax. I bought my IS from an independent used car place and they were one of the places that showed me a carfax. In 2016 I bought a used RX and the same thing, but I ended up buying the car from a Lexus dealer.

Maybe the price of the car has something to do with it. Lower priced cars less likely to have a carfax report?

TimboIS

LOL, never believe Carfax. Friend had a lemon which was ultimately bought back, that fact never showed up on the Carfax. The car was resold with a "clean, one-owner" Carfax.

TimboIS

Exactly right. Carfax only lists what the dealer WANTS them to list.

DennisMik

This is all true. At the end of the carfax report is a disclaimer that in effect says that if something ain't on here, it ain't our fault

My IS was bought back by Lexus under the lemon law and the carfax has two separate line entries on it regarding this:
"VEHICLE REACQUIRED. Vehicle reacquired by the manufacturer pursuant to applicable state consumer warranty laws or to promote customer satisfaction."
And the other line says "MANUFACTURERS BUYBACK OR LEMON REPORTED."

If your friend's car truly was bought back under the lemon law, then there is a clear violation of the law. Lemon law buybacks must be reported. If the statute of limitations has not expired, he can file a valid legal claim.

sktn77a

iTrader: (2)

Beyond carfax, the title should say "Buyback" ("clean", "salvage", "buyback").

If the title had been "washed", then this is felony fraud.

DennisMik

The title I have for my car says nothing in regards to the car being a lemon buyback. Evidently states can vary on this.

TimboIS

It was HIS that was bought back. He got his $ back and was happy. Was the next guys problem.