CA Court Rules CarMax Inspection Checklist Isn't What You Think It Is

Steph Willems
by Steph Willems

When is a completed inspection report not a completed inspection report? When it’s issued by CarMax, a California appeals court has ruled.

The court found the country’s largest used vehicle retailer in violation of a state law requiring detailed inspection checklists for certified used vehicles, Automotive News reports. The ruling, which stems from a lawsuit filed by a customer who claimed CarMax sold him a “certified” lemon, shines light on the retailer’s dodgy vehicle inspection practices.

According to the U.S. Court of Appeals for the 9th Circuit, CarMax failed to detail to customers the condition of various components inspected through its certified used vehicle program. Under the state’s Car Buyer’s Bill of Rights, passed in 2006, a certified used car seller must provide a detailed checklist.

Travis Z. Gonzales, who bought a 2007 Infiniti G35 from a Costa Mesa, California CarMax, knows this now. He filed his lawsuit after finding badly worn brake pads, malfunctioning windows, a wonky transmission and warning lights that lit up his instrument panel like a Christmas tree. This, despite CarMax’s 125-point inspection program.

The buyer’s lawyer, Hallen Rosner of the law firm Rosner, Barry & Babbitt, claims the program is “a farce” that cheats customers.

When he bought the car, Gonzalas received two versions of CarMax Quality Inspected Certificates inside the vehicle. Those documents list the inspected components. The law requires that customers receive a third document — a detailed inspection checklist filled out by a technician that lists the condition of each part. Gonzales wasn’t handed a copy of this document. Court documents state that CarMax instead destroys the checklist after entering the inspection results into a database, leaving the customer in the dark.

In the court’s decision, Circuit Judge Stephen Reinhardt wrote, “Sellers cannot merely list components that have been inspected, thereby leaving the consumer ignorant as to whether the various components satisfactorily passed the inspection.”

He added, “CarMax’s CQI certificates merely guarantee that the vehicle’s overall condition satisfied its certification program and list the components inspected under that program. After receiving this certificate, the consumer knows neither the condition of the individual components nor which, or how many, components must pass the test before a vehicle is ‘certified.’”

In a statement, CarMax said, “We respect the court’s findings and are reviewing the ruling to determine if any changes need to be made to our process.”

Given the court’s ruling, it’s almost guaranteed that CarMax customers will soon see the technician’s report. Possible changes to the retailer’s certification process can’t be ruled out.

[Image: Ildar Sagdejev/ Wikimedia Commons ( CC BY-SA 2.0)]

Steph Willems
Steph Willems

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  • Slavuta Slavuta on Oct 25, 2016

    Seriously. I just read CarMax as CarlMarx

  • Jimal Jimal on Oct 25, 2016

    I bought a Dakota quad cab from my local CarMax years ago. The price wasn't terrible but ultimately the truck was. They replaced the pulsating front brakes under warranty only to have them start pulsating again within a couple thousand miles. Between that and the motorboat like ride (and the last of parts support for the truck at the time) and it was soon traded in on a Passat wagon for the wife.

  • Theflyersfan I always thought this gen XC90 could be compared to Mercedes' first-gen M-class. Everyone in every suburban family in every moderate-upper-class neighborhood got one and they were both a dumpster fire of quality. It's looking like Volvo finally worked out the quality issues, but that was a bad launch. And now I shall sound like every car site commenter over the last 25 years and say that Volvo all but killed their excellent line of wagons and replaced them with unreliable, overweight wagons on stilts just so some "I'll be famous on TikTok someday" mom won't be seen in a wagon or minivan dropping the rug rats off at school.
  • Theflyersfan For the stop-and-go slog when sitting on something like The 405 or The Capital Beltway, sure. It's slow and there's time to react if something goes wrong. 85 mph in Texas with lane restriping and construction coming up? Not a chance. Radar cruise control is already glitchy enough with uneven distances, lane keeping assist is so hyperactive that it's turned off, and auto-braking's sole purpose is to launch loose objects in the car forward. Put them together and what could go wrong???
  • Jalop1991 This is easy. The CX-5 is gawdawful uncomfortable.
  • Aaron This is literally my junkyard for my 2001 Chevy Tracker, 1998 Volvo S70, and 2002 Toyota Camry. Glad you could visit!
  • Lou_BC Let me see. Humans are fallible. They can be very greedy. Politicians sell to the highest bidder. What could go wrong?
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