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  #1  
Old 01-07-2005, 11:14 AM
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Join Date: Jan 2005
Posts: 5

I have sold a car With salvage title, buyer is taking me to court. now what???


What is the name of your state? California

I have purchased a car and sold it a week later. It had a salvage title. I have typed up a paper saying it was as is with a "salvage title" and that the buyer inspected the car before purchase. I told the buyer to read and sign both copies, one for each party.

The retail was $12k and they paid $6600 which is almost half of retail and is what is said that "salvage title" cars are worth even after repair.

The buyer asked if he could put a lower price on the Bill of Sale so that he could pay lower taxes. I said that's up to you. He put in $4 or $5k. Is that fraud???

Three days later they want to take me to court because I sold them an unsafe car w/ a salvage title. I told him to read his copy where he signed, verifying that he knew it was salvaged.

I purchased the car already fixed and didn't know what type of damages occured previously as I couldn't find anything bent. As a private party seller, and not a mechanic or bodyman, I cannot tell you nothing other than it runs good to me and you'll have to inspect for yourself or have your own mechanic inspect.

Who do you think the judge would favor? Thank you
  #2  
Old 01-07-2005, 11:40 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by monopolizer
What is the name of your state? California

I have purchased a car and sold it a week later. It had a salvage title. I have typed up a paper saying it was as is with a "salvage title" and that the buyer inspected the car before purchase. I told the buyer to read and sign both copies, one for each party.

The retail was $12k and they paid $6600 which is almost half of retail and is what is said that "salvage title" cars are worth even after repair.

The buyer asked if he could put a lower price on the Bill of Sale so that he could pay lower taxes. I said that's up to you. He put in $4 or $5k. Is that fraud???

Three days later they want to take me to court because I sold them an unsafe car w/ a salvage title. I told him to read his copy where he signed, verifying that he knew it was salvaged.

I purchased the car already fixed and didn't know what type of damages occured previously as I couldn't find anything bent. As a private party seller, and not a mechanic or bodyman, I cannot tell you nothing other than it runs good to me and you'll have to inspect for yourself or have your own mechanic inspect.

Who do you think the judge would favor? Thank you

My response:

If the bill of sale, and the title indicated a salvaged vehicle, then what grounds does he have to sue you? It sounds like "buyer's remorse" to me because it's so soon after the sale to him. However, if he acknowledged the salvage of the car, then judge will dismiss his complaint on the ground of "Caveat Emptor". You should bring that up to the judge, too. By the way, it means, and is also a viable defense, "Buyer Beware".

IAAL
  #3  
Old 01-07-2005, 10:07 PM
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Join Date: Sep 2004
Posts: 1,923
If the bill of sale says "as-is" and indicates the salvage title, this person has absolutely nothing. If it says either of these things you're covered, but since it indicates both, you have doubly nothing to worry about!
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