October 12, 2025 • Kasell Law Firm
The market for used vehicles is tight and may be getting even tighter. Demand remains strong while supply is limited—especially as more consumers choose to buy out their leases rather than return their vehicles. Scarcity drives up prices and makes it harder for buyers to find quality used cars.
At Kasell Law Firm, we’ve seen a clear increase in calls and cases involving vehicles with questionable histories. When supply is tight, some dealers cut corners or overlook crucial disclosures—leaving buyers with serious problems after purchase.
What Counts as a “Questionable History”?
- Cross-border origin: Vehicles first sold in Canada may lack a manufacturer’s warranty honored by U.S. dealerships.
- Odometer concerns: Discrepancies in reported mileage, odometer rollbacks, or cluster replacements raise red flags.
- Prior commercial use: Cars previously used as a rental, taxi, or driver-education vehicle must be disclosed under New York Vehicle & Traffic Law § 417-a.
A Recent Win for Our Client
We recently obtained summary judgment on behalf of a client in Bronx County Supreme Court (Index No. 801309/2025E) against Spartan Auto Group LLC d/b/a Victory Mitsubishi and Power Motors. In that case, our client purchased a vehicle for which the dealership provided a Carfax report showing a rental history. However, the dealer failed to disclose that prior use on the bill of sale, as required by New York’s Vehicle and Traffic Law.
Carfax Isn’t Enough
New York law does not require dealers to give buyers a Carfax. What the law requires is a prior use certification. If the vehicle was previously used as a rental, taxi, or driver-education car, the dealer must check the appropriate box and deliver that certification to the buyer.
Consumer Tips
- Review the bill of sale carefully—don’t rely only on a vehicle history report.
- Look for the checked box indicating prior use under VTL § 417-a.
- If the box is blank, ask questions and keep written proof of the dealer’s answers.
- If you later learn the car was a rental or fleet vehicle and you weren’t told, you may have a legal claim.
Think You Weren’t Told the Full Story?
We help New York consumers hold deceptive dealers accountable under the law, including VTL § 417-a, GBL § 349, and warranty statutes. Speak with Kasell Law Firm about your options.
