Ok… My wife and i I live in Oregon and we just purchased a car from a dealer in washington because it seem’d like a great buy. his craigslist ad stated the vehicle had a clean title. Also i asked this question over phone before we made the long trip up there with our daughter! I also asked IS THERE ANYTHING I NEED TO KNOW BEFORE COMING!? he said no it’s a great car. Anyway we got there and upon purchasing we asked again the title is clean right? yes stated the dealer! do you have the title so i can see it? NO we don’t have the title yet because we just recently bought it from a local auction. Ok i stated, do you have carfax? he said no which is kind of odd figuring almost every small/large dealer has carfax. anyway no biggy and the deal continued. he said he’d mail the title to us when he received it. Tonight i ordered car fax for fun and check my vin# on my used car we just purchased. well it’s coming up salvaged/totaled/rebuilt all over the car fax! i’m very mad! Forgot to mention too that we recently had a new windshield placed in the vehicle and acouple other things.
WHAT DO I DO? DO I CONTACT HIM? OR DO I SEEK LEGAL ADVICE? CAN ANYONE FIND ANY OREGON AND WASHINGTON LAWS THAT CAN HELP ME!? BECAUSE I CANNOT FIND ANYTHING!
IS THIS ILLEGAL IN MY STATES?
DOES A DEALER HAVE TO DISCLOSE THAT A TITLE IS DIRTY?
IS THERE ANY RECOURSE FOR LIEING?
Maybe you need a new car.
I found a huge list of Oregon car dealers. I think someone in your town can help assist you. http://www.localnewcar.com/Oregon-New-Cars.html Just phone one of them or drop by one day when you are not busy. Some car dealers can even setup a test drive.
hope this can help!
http://www.dol.wa.gov/business/vehiclevesseldealer/dlrlocations.html
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Did you get it in writing that it had a clean title ?
Still, a previous salvage title should have been disclosed.
All you can really do is ask for your money back and tell him you are going to sue if he doesnt give it to you.
Then you will have to sue.
I was a car dealer for 15+ years and I never dared selling a previous salvage car without telling someone because everyone told me is a sure-fire lawsuit. And I didnt want that.
Now, if he bought at a real rinky dink auction, its possible he didnt know. (Most bigger auctions know and disclose previous salvage)
So if he knew and didnt disclose, I would say you have an 80-90% chance of winning in court.
lieing isnt a word. But verbal representations are meaningless.
Your lawsuit is not about "lieing" its about the dealer failing to disclose in writing a previous salvage title when he knew.
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salvage titles and rebuilt titles must be disclosed at purchase. The craigslist add stated clean title anyway. Save the print from craigslist and return the car. If they do not refund your money then sue them. You should win with the info you have.
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This happened to me two months ago. He had to give me my money back and he did. He told me he didn’t know. And if I wanted a different car and I told him hel…No.. Call him and tell him you want your money back and money for you having to go all the way down there.
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Maybe you need a new car.
I found a huge list of Oregon car dealers. I think someone in your town can help assist you. http://www.localnewcar.com/Oregon-New-Cars.html Just phone one of them or drop by one day when you are not busy. Some car dealers can even setup a test drive.
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The answer to your first question:
"CAN A AUTO DEALER SELL YOU A CAR WITHOUT DISCLOSING A SALVAGE/TOTAL LOSS/REBUILT TITLE? PLEASE READ AND ANSWER?"
Is YES, he can.
Is he legally required to disclose this, in writing, with your signature?
ABSOLUTELY!
CAN he misrepresent the vehicle and get away with it? What you describe is FRAUD (I am a car dealer also, with over two decades experience, and this is fraud. I know a cop who unwound a deal from a major dealer by threatening to charge managers with fraudulent schemes. What happened here is not civil, it is a CRIME. If the title status was unknown by the seller [unlikely], then the only legal answer to your question about a clean title would have been "I don’t know").
IF the dealer failed to represent the branded title status of the car in writing to you, then verbal representations are meaningless. HE is on the defensive. The burden of proof rests with HIM.
This is the law. In every state. This is Federal. Misrepresentation of any product is an FTC issue.
BUT, in practical reality, YOU must bring the case and pay to represent it. IF you have the resources, you could cost the dealer his license. He won’t want that.
Bottom line, look the car over carefully. Apparently, you traveled a bit to get a bargain. Balance the bargain you got against the vehicle you now have. If the deal was good enough , and the car is good enough (not all salvage titles are bad cars), lay the whole thing to rest. If the car is crap, and you feel you paid too much, pick up the phone and call the dealer. Be calm, and allow him to admit to a mistake. Ask for a refund, or an adjustment to the price you paid in view of the title problem. If you got a good car, the title branding does not erase the value of the car as transportation. Don’t be pissed off, but be firm. Anger always invokes anger. Be calm and businesslike. It could be that the dealer is not aware of the title problem and is willing to give your money back, or make an adjustment.
If that happens, the ball is in your court.
If the dealer blows you off, go to motor vehicle and file a complaint. If you financed any portion of the purchase, call the bank. Raise some hell. If none of this works, find a good attorney.
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