Did not find out a car was salvaged until after purchase from private party

[otterdragon]

What is the name of your state (only U.S. law)? California

So I called this guy about a 2006 Mercury Milan he was selling, he did not speak english, and I did not speak spanish, so I had my father talk and deal with him. He says that at no point did the seller mention that it was a salvage title, and when handling the paperwork, my father did not bother to check the title. We noticed after driving home that it was a salvage title, and we paid way more than we should have, and don't even know the nature of the salvage.

This is the first time I've bought a used car, and I want to know what my options are from here.
Is there anyway to get back some of my money, or force him by law to refund the purchase?

 

[OHRoadwarrior]

I'm not sure what you mean? You could have seen the title was a salvage title when you took custody of it and paid for the car. So you bought a salvage car.

 

[otterdragon]

We were never informed that the car was a salvage, and the title wasn't checked until after we made the purchase.

 

[OHRoadwarrior]

Why is that anyone's fault but your own? You should have inspected it, to make sure you had a clear, marketable title, before consummating the transaction.

 

[xylene]

There is nothing about a salvage title brand that prevents your father from registering, insuring, and driving his Milan.

This is his mistake. In the future, check all titles for salvage and liens.

 

[otterdragon]

Why is that anyone's fault but your own? You should have inspected it, to make sure you had a clear, marketable title, before consummating the transaction.

While I agree with you, I was not present at the time, I trusted my father to do this in my place. It is my fault/my father's fault for not checking it, but isn't there something that can be done considering he never told us it was a salvage title? I even remember asking it was a clean title and him saying yes, though I obviously cannot prove this.

Also after only driving this guy back home, the check engine light came on.
Needless to say, this is an issue.

 

[quincy]

While I agree with you, I was not present at the time, I trusted my father to do this in my place. It is my fault/my father's fault for not checking it, but isn't there something that can be done considering he never told us it was a salvage title? I even remember asking it was a clean title and him saying yes, though I obviously cannot prove this.

Also after only driving this guy back home, the check engine light came on.
Needless to say, this is an issue.

Perhaps because the sale terms needed to be translated from the seller to your father and then to you, and you say you were not present at the time, it is possible that there was something missed in the transfer of information. It is possible that the seller mentioned the car was a salvage, as he is required by law to do.

Whatever the case, the fact that the car is a salvage vehicle is clearly marked on the title and either you or your father should have checked the title (and the car) prior to purchase.

Here is a link to California's DMV on branded titles: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffvr33

 

[otterdragon]

Perhaps because the sale terms needed to be translated from the seller to your father and then to you, and you say you were not present at the time, it is possible that there was something missed in the transfer of information. It is possible that the seller mentioned the car was a salvage, as he is required by law to do.

Whatever the case, the fact that the car is a salvage vehicle is clearly marked on the title and either you or your father should have checked the title (and the car) prior to purchase.

Here is a link to California's DMV on branded titles: https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffvr33

I confirmed with my father multiple times that at no point did the seller state that it was a salvage. Failing to mention that is the same as hiding the fact, no?

 

[Zigner]

I confirmed with my father multiple times that at no point did the seller state that it was a salvage. Failing to mention that is the same as hiding the fact, no?

He did NOT fail to advise you or your father of the status of the title. He handed your father a title that was CLEARLY branded as salvage. You both had the opportunity to examine the title (which, by the way, is in ENGLISH) and you both had the opportunity to refuse, but you accepted it.

 

[quincy]

I confirmed with my father multiple times that at no point did the seller state that it was a salvage. Failing to mention that is the same as hiding the fact, no?

Perhaps the way I worded my post confused a bit.

The seller must disclose the fact that the car is a salvage vehicle. The seller can either say that the car is a salvage, which is probably the smart thing for a seller to do, or disclose that the car is a salvage vehicle by handing over the title for a purchaser to look at. The seller did not hide the fact that the car was a salvage vehicle because the title clearly states that it is.

As the link I provided you from the DMV says, "Look before you buy."

I agree with Zigner - and I apologize if the way I wrote my post led to confusion.