Can i sue my dealer for selling me a salvage car

Business 2 views 3 answers
when i brought the car about two years ago the man who sold me the car(he isnt working there anymore) told me that the car had a little water damage but the state had to put it as a total loss because of the other cars that were really a total loss but my car wasnt a salvage but since then i have not had any problems with the car but i feel now they are doing things to get more money out of me being that i am almost done paying for it everything is in there name i feel that they over charge me for the car and i feel that i shouldnt have to pay them anything else i have also found out that they are going out of business for selling these kind of cars to people and i just need to know what type of lawyer should i use

Attorney Answers

3
Ronald Burdge ·
You should talk to a lawyer handles auto sales fraud cases. A branded car title means that at some point in the vehicle’s history something drastic happened to the vehicle and it was so bad that state law said the title itself had to be “branded” with language that would warn potential buyers about the vehicle. No state brands a car title because of something that happened to "nearby" cars. Some typical brands include Salvage (usually wrecked-rebuilt), Flood (submerged in water), Odometer (either over 100,000 miles or odometer was tampered with), etc. Often these vehicles are sold at special auctions that dump these types of vehicles on the market where they are bought by repair shops and dealers who try to repair or rebuilt the vehicle for retail or wholesale resale to someone else, sometimes another out of state dealer. Some dealers buy a branded title vehicle and then either ship it (or the title) to another state that doesn’t use that particular brand, so they can get a “clean” title issued and then resell the vehicle without disclosing the title history problem - this is called “washing the title” in the used car business and doing it generally will violate state Udap laws. Those laws make it illegal for a merchant to do something that is unfair or deceptive to a consumer. Most states which use “branded” motor vehicle titles have a law that says that if the brand is not disclosed to the buyer before the purchase, then the buyer may be able to cancel the sale. But the law is a little different in each state when it comes to the sale of branded motor vehicles. If the dealer knows something and realizes that the buyer would want to know about it, but doesn't disclose it, the dealer may be committing fraud by concealment. Every state has its own definition of fraud, but generally it's a lie or something kept hidden that costs you money. “What is Fraud” is explained in this Legal Guide: http://www.attorneyqna.com/legal-guides/ugc/what-is-fraud-1. You need to talk to a local Consumer Law or Auto Sales Fraud Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to an Auto Sales Fraud or Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, www.NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. And don’t bother talking with an attorney who handles just other areas of law because, frankly, “car sales fraud law” is a special area with its own laws, regulations, rules, and strategies and tactics. If this answer was helpful, please give it a “Vote Up” below. Ron Burdge, www.BurdgeLaw.com, www.USLemonLawyers.com, www.CarSalesFraud.com
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Ralph Erskine Stevenson IIIState, Local, and Municipal Law AttorneyRocky Mount, NC ·
It sounds as if the dealer did disclose the damage, and complied with the disclosure requirements. The fact that the salesman minimized the extent of damage and claimed it was a technicality would likely be considered "puffery" ....or a verbal representation that was waived or invalidated when you signed a buyers guide, damage disclosure form, and title application that included the salvage history. The previous post has directed you to several good resources that may be worthy of inquiry before giving up, but the signed and written disclosures will stand up to verbal statements. Good Luck.
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