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Bought a used car from a dealer - mechanic says it has flood damage that wasn't disclosed. What are my options?

Started by keeping_it_real_31 · Oct 28, 2023 · 16 replies
For informational purposes only. Auto fraud and consumer protection laws are complex and vary by state. Consider consulting with a consumer protection or lemon law attorney.
KI
keeping_it_real_31 OP

Bought a 2021 Honda Accord from a used car dealership 6 weeks ago for $24,000. Seemed like a great deal - low miles (32k), clean Carfax, looked perfect.

Last week the car started having electrical issues - dashboard lights flickering, infotainment system freezing, power windows not working right. Took it to my mechanic who put it on a lift and said there's clear evidence of flood damage:

  • Mud/silt residue under the carpets and in the spare tire well
  • Corrosion on electrical connectors that shouldn't be there
  • Rust in places that shouldn't have rust on a 3-year-old car
  • Water line visible inside the doors when panels were removed

The Carfax shows no flood damage or salvage title. I'm guessing it was "washed" (title washed) from another state.

The dealer is saying they "had no idea" and sold it to me "as-is." Is that even legal? What can I do? I'm in California and I feel completely scammed.

KI
keeping_it_real_31 OP

Went back to the dealer with the NICB report and NMVTIS history. Demanded a full refund plus my inspection costs.

The sales manager got defensive, said I was "trying to scam them" and that the car "was fine when we sold it." When I mentioned the word "attorney" and "CLRA," suddenly the general manager came out and said they'd "look into it."

They're supposed to call me back tomorrow. Not holding my breath. Already have a consultation scheduled with an auto fraud attorney for next week.

CA
ctrl_alt_defeat_12

So basically former insurance auto adjuster here with 15 years experience. I want to add something important for anyone reading this thread going forward: pre-purchase inspections should be considered mandatory for any used car purchase, not optional. The 150 to 200 dollars you spend on an independent inspection is the best money you will ever spend on a vehicle purchase.

Beyond the flood damage signs already mentioned, there are several other red flags that trained inspectors look for. Mismatched paint or overspray on body panels can indicate prior accident damage. Fresh undercoating applied to the undercarriage is sometimes used to hide rust or flood evidence. New carpeting or upholstery in a car that otherwise shows its age is suspicious. And always check the spare tire well, since that is the lowest point in the vehicle and the hardest place to clean flood residue.

I also want to point out that this problem is getting worse, not better. Hurricane Helene in 2024 and subsequent storms have flooded hundreds of thousands of vehicles that are now making their way through the title washing pipeline. The National Insurance Crime Bureau estimated that over 300,000 flood vehicles from recent storms will end up being resold to unsuspecting buyers over the next two to three years. If you are buying a used car in 2025 or 2026, you should be especially vigilant.

One more tool the original poster did not mention: the AutoCheck vehicle history report sometimes catches flood records that Carfax misses, and vice versa. Running both reports costs maybe 50 dollars total and gives you much better coverage than relying on just one database. Between AutoCheck, Carfax, NMVTIS, and NICB VinCheck, you can build a fairly complete picture of a vehicle history before committing to purchase.

TR
TechLitigation_R

Pro tip: if your payment processor tells you "funds will be available in 90-120 days," that's usually a rolling hold. New transactions extend the clock. Stop processing through that account immediately.