Prior to July 2005, a 1999 Volvo wagon was involved in at least two collisions, requiring extensive repairs, which included the front end and the frame. After the first collision, the dealer was advised by the prior owners that the vehicle had been in a collision and the vehicle was traded into Mooers Volvo in July 2002. The dealership, even though it knew about the prior collision, inspected the vehicle to determine if it could be sold as a "Certified" Volvo, and in August 2002 sold the vehicle for $23,900, as "Certified, to the next purchaser, concealing the wreck damage it knew about from her.
During the second owner’s ownership of the vehicle, it was in another serious collision, requiring extensive repairs, and the second owner advised the dealership of the wreck damage. In June 2005, the second owner traded the vehicle in to the dealership, which, after inspecting it, agreed to purchase it from her. Even though it was aware of the two prior collisions and repairs and after becoming aware that portions of the vehicle had been damaged and repainted, the dealership chose to put the vehicle on its car lot for retail sale for a third time.
In July 2005, our client began negotiations with a salesman for the purchase of the vehicle. During the negotiations for the vehicle, the Plaintiff asked the salesman for a safe reliable car, and asked whether the vehicle had ever been in an accident. He replied, "No", and stated that, in fact, the dealership knew the repair history of the vehicle since the dealership had serviced it from "day one", and he showed her what was purported to be the vehicle’s service records. He said the vehicle had been a "one owner" car, that it had been driven by an elderly lady, but they only had one key since the elderly lady’s daughter had the other one. In reliance on the warranties, representations, and promises of the dealership, in July 2005, the Plaintiff purchased the vehicle from the dealership for $9,142.
After numerous problems with the vehicle, the Plaintiff decided to trade it in, and in September 2006 went to CarMax to see what she could get for the vehicle. After an inspection, CarMax reported that the vehicle had extensive body repairs and possible frame damage, and that it would only offer her $3000 for the vehicle. This was when the plaintiff discovered the dealership’s fraud.
In February 2008, the matter was settled for $80,000.00