Can I Sue Carfax for an Inaccurate Report That Prevents Me From Selling My Car?
Full Question:
Answer:
It will be a matter of subjective determination for the court, based on all of the facts and documents involved. Some of the factors, among others, that may be considered by the court include the policies in place for gathering and verifying accuracy of information and procedures for correcting information proven to be incorrect.
In order for a third party to win a claim based on an inaccurate report it would likely need to be shown that they knew or should have known the information was false (such as relying on an unreliable source, or negligence in collecting the data) and that but for the inaccuracy, you would have sold the car. In other words, to prove damages, it would need to be shown that the lack of final sale wasn't based on other factors. An affidavit by a prospective buyer regarding their intent to purchase and the role of the report in declining to do so may be helpful.
The following disclaimer on their site would apply to a claim by a person using their site:
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For further discussion, please see:
http://www.consumeraffairs.com/automotive/carfax_inacc.html
http://www.autopi.com/carfax.htm
http://www.consumeraffairs.com/news04/2010/01/oh_carfax.html
