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Friday, April 26, 2024

Vehicle seller alleges Carfax report was inaccurate and affected trade-in value

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TAMPA, Fla. (Legal Newsline) – A Florida resident alleges an incorrect vehicle history report lessened the trade-in value of her car.

Ilene R. Schwartz filed a complaint on Nov. 16 in the U.S. District Court for the Middle District of Florida against Carfax Inc. alleging negligence and other counts.

According to the complaint, the plaintiff purchased a used 2008 Hyundai Elentra from Brandon Honda in October 2014 and the vehicle history report provided by the dealer showed no accidents or indicators of mechanical or structural issues.

She alleges when she went to sell or trade in the vehicle in April 2018 at the same dealer, she was provided another report from Carfax that stated structural damaged had been repaired on the vehicle a year before she bought it and that the damage was reported to Carfax three years after she purchased it.

The plaintiff alleges she had a mechanic inspect the vehicle and no evidence of structural damage or repairs was found. 

She alleges because of the inaccurate report, the trade-in value of the vehicle was $1,500 instead of $3,500.

The plaintiff holds Carfax Inc. responsible because the defendant allegedly failed to ensure the vehicle history report contained true and accurate information.

The plaintiff requests a trial by jury and seeks judgment against the defendant, for damages, attorneys' fees and costs, and such further relief that the court deems necessary and proper. She is represented by Brian L. Shrader, Gus M. Centrone and Deirdre F. Aretini of Dunlap, Bennett & Ludwig PLLC in Tampa, Florida; and Katherine Earle Yanes and Brandon Kyle Breslow of Kynes, Markman & Felman PA in Tampa, Florida.

U.S. District Court for the Middle District of Florida case number 8:18-cv-02822-SDM-AAS

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