Jul 23 2008
New Car Not New
A family bought an SUV from a new car dealership. They expected to get a good price, because it was last year’s model and it had 225 miles on it. Everything they were told indicated that the car was “brand new” and it had been taken for a few test drives, which accounted for the miles. Unhappy with having to return the vehicle to the dealership for repeated major repairs, the owner finally took it to an independent mechanic to check a routine problem. The mechanic advised that the vehicle had been involved in a major rollover accident prior to it’s purchase. Investigation revealed that not only had the vehicle been involved in an accident, the vehicle had been stolen and was still listed in the crime computer as a stolen vehicle. The Defendant dealership contested the definition of “new vehicle”, stating that the fact that the vehicle had never been titled, constituted the vehicle as “new”.
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