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Legal Advice Please. I traded in a car that had a salvage title. The dealer says it's a serious offense. Is it

I traded in a car and bought a new nissan on 5/29. Six weeks later the dealer contacts me and tells me that the car had a salvage title. I didn't know it. Apparantely it shows it right on front of the title. I signed the back of it where it says To the best of my knowlede the car has never been seriously damaged. I bought it used 2 1/2 years ago. The dealer wants me to give him 1,000 back because he says he will lose a lot of money on the car. He says it is a serious offense. It seems to me he is in the business of trading in cars. Shouldn't he have noticed the work Salvage on the car or run a check on it? What are my options. Someone please help.

9 Answers

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  • 1 decade ago
    Favorite Answer

    Did you miss-represent it?

    Apparently not.

    Did he make an assumption?

    Yes.

    I would contact who ever handles the licenses for car dealerships and ask them.

    Or your states legal office as he seems to trying to threaten you to get money- and that is a crime.

  • Anonymous
    1 decade ago

    I know a lot of people hold car dealers in similar high esteem as they do drug pushers, child-molesters and politicians, but the car dealer may have a case. I find it difficult to believe you simply

    "didn`t know" it was a salvage title, and furthermore you signed(probably under penalty of perjury!), that to the best of your knowledge, the car was never seriously damaged, which the car dealer can now hold over your head. I don`t what State you are located in, but I would go for one of free or cheap consultations with a lawyer, tell him the situation, and find out where you stand, legally.

    It might be cheaper in the long run for you to compensate the dealer(of course, with the dealer in turn givig you properly signed release-form of some sort in return), than having to hire a lawyer to

    defend you against a lawsuit and even a possible criminal charge. If a one time payment of a $1000

    gets you off the hook for all this, it might be well

    worth it. You need to talk to a lawyer. I believe

    the car dealer had a right of reasonable expectation that the title of the car you were trading in was clean(I know *I* sure as heck would`ve!), so he didn`t check the title until after

    you got your new car. If he neglected to lock his

    front door when he went to work, does that justify

    anyone burglarizing his home? No, of course not.

    In principal, it`s not all that much different from this case. Just because some car dealers don`t "do the right thing", doesn`t mean that you shouldn`t.

    Talk it over with a lawyer, work it out with the car dealer, and you`ll sleep better at night with a clear conciounce.

  • 1 decade ago

    I find it hard to believe that you bought a car 2 1/2 years ago and didn't know the car had a salvage title.

    You could not finance a car with a salvage title so you paid cash for this car. You've had that title in your possession for 2 1/2 years and never read it!

    I think you're lying to us and you lied to the dealer when you traded it in. If you're not a liar you're an idiot, either way you mislead the dealer.

    BUT, in the long run, it's the dealers responsibility to read over all the paperwork and make sure everything is in order before the final contract is signed.

    You pulled a fast one on the dealer and it looks like you got away with it.

  • 1 decade ago

    If you failed to tell the dealer about the salvage brand, he has a valid point, as a salvage vehicle has far less value than one without it. You are required to disclose a salvage/rebuilt brand when selling a car. The dealer should have looked at the title prior to sale, but you also should have disclosed. Depending on the state you reside, you may have to give the dealer a reasonable amount to cover the loss. Contact Dealer Services in your state for further info regarding your rights and responsibilities.

    Source(s): former licensing agent
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  • mac150
    Lv 5
    1 decade ago

    Coming from a Dealer's point of view: you have nothing to worry about. It's the dealers problem now. If the dealer didnt know it was salvaged at the time you traded it in, its his loss.

  • 1 decade ago

    If the title that you signed over was marked as a "Salvage" title and the dealer didn't notice that, it's his loss. Tell him to pound sand.

    You have committed no offense. The dealer has -- gross stupidity in his case. Luckily for him it's not a criminal offense, just a case of the dumb@$$ for him.

  • jay
    Lv 7
    1 decade ago

    I also think you knew the car was salvaged, this is something the owner always knows.

    That being said, it's unfortunate that the salesman didn't do his job and look at the title. The dealer will loose tons of money, as well as the salesman.

  • 1 decade ago

    Looks like he got reemed by management and is trying to scare you. The dealer is responsible for checking out the title in the first place. You have nothing to worry about, he is trying to cover his rear-end by getting you to come up with the amount he lost the company. You are NOT responsible to pay the dealer anything. Yes it was his responsibility to check it out, prior to closing the deal, and that is what it is, a closed deal.

  • 1 decade ago

    Haha! Turnabout is fair play. The dealer didn't do exactly what I advise people to do every day - check out a used car before you buy it! Dealer should have done his homework. Bummer for them.

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