car repossession

Car Repossesion

Question:

I voluntarily turned in my car at the dealership. While in their possession the car was in an accident. Do I have any means of legally disputing the balance owed on the car reflected when they auction the car?

Answer:

The fact of the vehicle having been in an accident would not make a difference on the total amount owed but it would or at least might make a big difference on what the vehicle brings. Repoed vehicles are sold at auction and many dealers have detectors that will detect the thickness of the paint on a vehicle. They take these detectors and run them over the entire body before the sale and they can tell immediately whether the vehicle has ever been in an accident or not no matter how good the repair job was. Of course that will make a difference in what the car will bring. Or if they didn't bother to repair it but sent it over the block as is. Then it would bring almost nothing.

And when you look at it that way it would make a difference in what the final balance will be. If they just hauled it over the block as is then you would have a cause of action against the dealer to recover whatever damages you might suffer as a result. You could use carfacts.com to see who bought the vehicle and maybe whether or not it had been in an accident. You could also check to see if you can find any accident reports on that vehicle. There are several ways to discover what the vehicle brought at auction and what condition the vehicle was in when sold. You could even demand information about the sale from the auction house.

There are many other actions to consider as well that you didn't mention in your question.

Bill Bauer
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