paul1994

Well I thought my success story of buying my 545i was complete... Until I received a message from the Dealership saying they had a problem with one of my trade-ins. I traded in my 04 350z and 01 Audi Allroad.
The problem was with my Audi I traded in. Background on the Audi: I found this car in January of 08 at an Acura dealership. I saw this car and thought it would be the perfect car, considering we would be having an addition to the family soon. I talked to the sales guy and he said it was taken in on a trade and also he knew the guy who traded it in. I asked if it was a clean car and had a clean CarFax and the sales man said yes. After convincing my wife that I needed another car I was on my way to signing a check for the Audi. During all the negotiating I forgot to look at the carfax and just trusted the dealer that the car was clean.
Here we are today. Two weeks ago I went to trade in both of my vehicles for the beautiful 545i I found on a Ford lot.
The Ford dealership called me yesterday and said there is a problem with one of my trade-ins. I call the dealership wondering what could be wrong. They proceed to tell me they can't take the Audi as a trade-in because of the Manufacture buy back and that it was in a accident.
This was a bit much for me because I was under the assumption that the car was clean. I tell the sales mangaer I will call him back as I need to investigate some stuff. So I go get a CarFax for the audi and sure enough I found this on the car fax.

06/24/2003 Ohio Motor Vehicle Dept. Lewis Center, OH
Title #2100402321 Dealer took title of this vehicle
while it was in inventory
MANUFACTURER BUYBACK
OR LEMON REPORTED
and this:
11/25/2003 40,406 Collision Repair Facility
Illinois Vehicle inspected after an
accident or other incident
A vehicle inspection completed
by your dealer or professional
inspector is recommended
CARFAX began reporting this information on 02/14/2007.

That being said I was kind of upset at myself for trusting the salesman and the sales manager at the Acura dealership. They both told me that is was a clean car.
So here is where I need help. The dealership I bought the BMW from wants me to buy back the Audi I traded in. I looked over the contract I signed for the BMW and it states this:

purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.

My question is how they can tell by a CarFax if it was in accident that cost more than $2000. Also the contract does not say anything about not accepting a Manufacture buy back.
Is there any way of finding out where the vehicle was repaired at? So I can find out if there was $2000 worth of damage done to the car?
The other option would be to go back to the Acura dealership I bought the Audi from and see if they would be willing to buy back the Audi, since they told me that it was a clean car, although it has been 3 mos.
Any advice?
I am not looking to cheat anyone but at the same time I don?t want to be stuck with a car that has been labeled. As a manufacture buy back and CarFax will not guarantee it. It just seems unfair!

Gene

I think I missed something here...do you already have in your possession the 545i? Do you already sign contracts and drive off the lot with it?

paul1994

I have the 545i in possesion actuallf it is at the dealership getting retrofitted for Sat radio and ipod, but anyway I have owned the car for about two weeks now.

JETBLACK530I

If the contract is signed and they took possesion of it then it is now there problem. they should have checked the carfax before you signed it over to them.

Gene

Exactly...

paul1994

I feel the same to a certain extent but I did sign a contract to state it was in in an accident that cost more than $2000, but How can you find out if the car was in an accident that cost more than $2000.

The car looked mint or I would not have bought it.

I also did a pre-buyers inspection after I bought the car and The Audi dealership did not find anything wrong with the car after I bought it..

Future5er

I think you were being honest when you signed the contract. During your possession, it was not in any accidents. The accident occurred prior to your ownership and was not disclosed to you.

I think the Ford Dealer was negligent in buying your Audi. It seems to me it's their problem now.

Just my opinion of course. I'm certainly not an attorney.

paul1994

here is the carfax. Can anyone see how I am breaking the contract with the wording I listed ?

http://www.carfax.com/viewEmailReport.do?a...amp;language=EN


purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.

pa550

I think you're screwed. You signed a contract guaranteeing that it wasn't in an accident. The only way to have protected yourself was if the contract had a knowledge qualifier in it - something along the lines of "to the seller's knowledge, the car hasn't been in an accident". The buying dealer is able to rely on your representation. You probably have recourse against the dealer from whom you bought it, though.

smoppett

That is probably right. The sensible solution would be for the dealer tht sold you the Audi to came to an agreement with the dealer that now has it. But if it goes to law the buying dealer can take you to court and you can counter-claim the dealer that sold it to you and the winner will be the lawers!

Simon