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Need Advise... Bought private party used car, has undisclosed accident history....

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Old 09-24-2008, 06:30 PM
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JMG
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Default Need Advise... Bought private party used car, has undisclosed accident history....

Here is the story,

Have the RS4, wanted to purchase a daily to keep the miles off of it.

Bought an out of state 2001.5 S4 Avant, 80,000 miles. Seller (2nd Owner) claimed the car was clean, carfax was clean...however the car was 100% in some sort of collision. Impact was front drivers door, a-pillar, wheel area.

The seller never disclosed any issues that I found on the car.

When it arrived, it needed a right rear wheel bearing, and has a somewhat severe shimmy over 50+ mph.

The seller claims that the car had bad tires and was told that was the reason for those issues. He mentioned bad tires when I purchased it, however never went in depth that these were supposedly symptoms of that. Or that they even existed.

Was installing a boost gauge in the car and under the knee bolster there was all sorts of minor damage to the relay and fuse holders. I investigated further, took it to a trusted body shop, and they found that it looks like a whole A pillar was installed (non factory welds, rust spots, misaligned body panels, etc...) Add to this the entire wheel geometry is off, which is actually causing the vibration.

E-mailed the seller, he claims no knowledge of the accident, yet now claims he knew about the shimmy and rear wheel bearing...strike one to his character.

Does anyone really know my options, I know generally used private party cars are as is/where is...however, is blatant lack of disclosure something I can go after?

There are more minor issues that the seller failed to disclose, and I believe he knew he would get away with it because he lived in a remote area of colorado where no one would be able to check the car out, and 3 plus hours from an Audi dealership.

In the end I believe all of it should be fixable, but it is not the car that the seller represented.

Let me know your thoughts...

Thanks
Old 09-24-2008, 07:27 PM
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Did you specifically ask if it was in an accident and he said no?
Old 09-24-2008, 07:34 PM
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JMG
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Default Original E-mail question and response

Me:

I am very interested in the car...Visually it looks to be in great shape.


I have a few questions. Do you have the service records, and are they up to date. Any major issues that need to be known? I am located in Ohio would you be willing to help me arrange (get the car on the truck) shipping here? Thanks.


Him:

The service is up to date. However, the timing belt/water pump maintenance has yet to be performed. Audi recommends this service at 105,000 miles. But, the general consensus on AZ is to change the timing belt/water pump at around 80,000 miles.

I purchased the vehicle last September and the vehicle had 68,000 miles. The prior owner did not have any service records. Since purchase, I have performed the following: upgraded TBB to Samco, upgraded diverter valves to 710n's, changed spark plugs, changed air filter. I have all the receipts for the above work.

The tires are relatively new (< 10,000 miles) but of poor quality. If I were keeping the S4, I would change the tires.

I am not aware of any other issues.

Yes, I would be willing to help arrange shipping and ensure that the vehicle is loaded properly on the truck.
Old 09-24-2008, 08:02 PM
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So you bought it with out seeing it?
Old 09-24-2008, 08:19 PM
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JMG
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Default Yeah was 2000 miles away, plus it took taking pieces off the car to discover anything.

Not entirely smart, but geeze can't anyone be trusted anymore.
Old 09-24-2008, 08:20 PM
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Default hate to get into semantics but...

"any major issues that need to be known" is not equal to "has the car ever been in an accident or had any damage"

besides, if your purchase contract said "as-is" there is very little recourse.
Old 09-24-2008, 08:25 PM
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Default true, but he didn't say anything about any issues at all...

and there were some he later came back to admit too knowing about. At this point I believe it becomes a question of how much has he failed to disclose.

I would say a major vibration at any speed over 50 mph constitutes an issue that needs to be known. Something he didn't say anything about, but admitted to knowing about after questioning him about it.

And although vague the question covers anything and everything, to ask is this wrong, is that wrong, would be a 10 page questionnaire.

Who knows, at this point I am going to get quotes to get it fixed and go from there.
Old 09-24-2008, 08:42 PM
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Default Take the loss, sell the car and move on. Putting any money into that car will be more foolish than

buying it. Sorry to hear about your misfortune. You have no recourse at this point because the seller did not commit fraud. You should have directly asked him if the car had been in an accident.
Old 09-24-2008, 08:44 PM
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Default unless he signed a sales contract stating specifically

that the car has not been in an accident, you are on your own.
my first vehicle purchase, i had the seller sign a sales sheet and it stated that there was never an accident/body work done to the car. later i found out he lied and took him to court. without this document, i had no way of recovering any money.
Old 09-24-2008, 09:45 PM
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