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Bought a car at auction - was damaged after auction start when I came to pick it up.

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caradvice1

Junior Member
NC

The car was damaged at some point after the car was offered for sale/ inspection period and when I came to get the car. I was never informed of the damage and upon viewing it I immediately discussed this with the seller who claimed not to know how the car was damaged. The seller apologized for the damage and agreed to compensate me for the damage and represented to me a quote from an agreed upon dealer to fix the damage. I was unable to verify the quote they represented to me as being accurate as I had no phone and they did not give me an opportunity to speak to the dealer.

I towed the car home as I was unable to start it. Upon going over the car in detail I noticed that the damage ( a cracked windshield which had cracked the windshield sealant) had let in water that had pooled underneath the rubber carpet (that is why I did not notice at the time the rubber kept the top from getting wet). The water had molded and mildewed the jute sound deadening underneath the carpet and rusted the floorpan. I have sinced stopped the leak but the carpet is going to have to be thrown out. In addition, I called the same dealer the next day to find out that they quoted me a price for just the windshield and not the labor (I had specifically told them including labor and they told me the quote included labor - it did not).

To make matters worse, when I sorted out the electrical problems and replaced a battery the digital odometer read more miles than the title and auction listing had stated. The excess mileage isn't that excessive numerically but considering that the car had a badly cracked flywheel (I knew about the condition in advance but was told it was pulled from service after this happened and was put on the auction block), driving the car in excess of the mileage it was supposed to have been pulled from service at is significant. The mechanics I spoke to said driving the car that many miles with that condition could have cracked the block or transmission housing which is serious. I believe the car was driven by someone at the company that sold the car who bumped into something that caused the windshield crack in between the inspection period for the car and when I came to retrieve the vehicle.

I have looked at the odometer law which mentions treble damages (minimum 1500) which in my situation it would be the minimum as the car is not a newer model nor is the overage of miles significant to affect the value above 1500. I was told by an attorney representing the seller that they were not sure of the mileage at the time they sold the car. I was never informed they were not. The seller's lawyer also said they just went by the last recorded mileage for the vehicle. To the best of my knowledge if the seller is unable to determine the mileage of the vehicle offered for sale they must provide the buyer with a disclosure stating this. As the seller did not I am wondering if they have committed odometer/ title fraud and what legal options I have. The seller has tried to settle with me for an amount that does not cover my damages but I have not declined/ nor accepted the offer. I told her I will think about it. Of note, the car was for sale "as is - where is" but since the damage occured after the start of the auction (it may have occured after the close of the auction) I don't think the "as is - where is" applies here. The car is from a government agency so the attorney general claims they have no jurisdiction.

Thanks in advance for any help, links, or referrals.
 


gogo589

Member
So are you claiming that all this water and electrical damage happened within a matter of a couple of days?

If the car was for sale "as is - where is", it means exactly that. Even if you would have taken the care immediately after the auction, I think you would have had the same problems you have now, with the exception of the windshield being damaged.

When a windshield cracks, it doesn't also crack the windshield sealant. The windshield sealant is like a thick bead of silicone. I'm sorry, but it just doesn't crack. Mold, mildew, and rust just don't appear overnight. I think your problems were all there BEFORE you purchased the car. You're having what's called "Buyers Remorse".

Why don't you try to sue the government?


My advice is free. If you don't agree or like it, you don't need to tell me.
 

cyjeff

Senior Member
Agreed...

The mold and rust takes weeks. It was there when you bought it. You just missed it.

You also can not sue for what might have happened.
 

caradvice1

Junior Member
Agreed...

The mold and rust takes weeks. It was there when you bought it. You just missed it.

You also can not sue for what might have happened.

Okay guys since you both seem to assume it was only a matter of days that transpired I am going to assume you are not lawyers anyway.

For the record the auction lasted 30 days (online bidding) and It was 10 days afterward that I came to retrieve the vehicle so a total of 40 days. To add to that there was a lot of rain during that time period.
 

caradvice1

Junior Member
So are you claiming that all this water and electrical damage happened within a matter of a couple of days?

If the car was for sale "as is - where is", it means exactly that. Even if you would have taken the care immediately after the auction, I think you would have had the same problems you have now, with the exception of the windshield being damaged.

When a windshield cracks, it doesn't also crack the windshield sealant. The windshield sealant is like a thick bead of silicone. I'm sorry, but it just doesn't crack. Mold, mildew, and rust just don't appear overnight. I think your problems were all there BEFORE you purchased the car. You're having what's called "Buyers Remorse".

Why don't you try to sue the government?


My advice is free. If you don't agree or like it, you don't need to tell me.
I don't regret buying the car. The problems were not there beforehand as it had no cracked windshield as admitted by the seller. Don't know who you are but you sound like an someone who assumes a lot and analyzes very little. Don't comment further please.

"As is - where is" is the condition/ location of the vehicle when offered for sale. It is not a statement that protects the seller if a tree should fall on the car etc in between the auction and the buyer coming to get the vehicle. "As-is where is" is not a statement that says the car may be totalled (i.e. not as described in the auction etc.) when you come to get it and we don't have to tell you. Again, I am sure you are not a lawyer so don't comment anymore.

Furthermore, you are incorrect about the windshield sealant and since you aren't even familiar with how it cracked I don't know how you could come to your erroneous conclusions.
 

cyjeff

Senior Member
Okay guys since you both seem to assume it was only a matter of days that transpired I am going to assume you are not lawyers anyway.

For the record the auction lasted 30 days (online bidding) and It was 10 days afterward that I came to retrieve the vehicle so a total of 40 days. To add to that there was a lot of rain during that time period.
I'm sorry.

Where did you say that? You didn't.

I don't know why your lack of detail has anything to do with our advice.
 

cyjeff

Senior Member
I don't regret buying the car. The problems were not there beforehand as it had no cracked windshield as admitted by the seller. Don't know who you are but you sound like an someone who assumes a lot and analyzes very little. Don't comment further please.

"As is - where is" is the condition/ location of the vehicle when offered for sale. It is not a statement that protects the seller if a tree should fall on the car etc in between the auction and the buyer coming to get the vehicle. "As-is where is" is not a statement that says the car may be totalled (i.e. not as described in the auction etc.) when you come to get it and we don't have to tell you. Again, I am sure you are not a lawyer so don't comment anymore.

Furthermore, you are incorrect about the windshield sealant and since you aren't even familiar with how it cracked I don't know how you could come to your erroneous conclusions.
Here is what you do.

Get an attorney. Tell him/her ALL the details. Make sure you say why you didn't pick the car up for 10 days.... you know, after the car was YOUR responsibility.

Also, tell him/her why you would buy a car without seeing it.

Then, you can tell him why you think something that COULD have happened is legally actionable.

If him/her will not take your case without a large retainer, then you don't have a case. Repeat with as many lawyers as necessary for you to understand that you don't have a case.

Enjoy.
 

justalayman

Senior Member
First, did you actually inspect the car in person before bidding on it?


So, how bad did this car rust in no more than 40 days?

Odometer disclosure law (excerpts):


§ 20-347. Disclosure requirements.
(a) In connection with the transfer of a motor vehicle, the transferor shall disclose the
mileage to the transferee in writing on the title or on the document used to reassign the title.
This written disclosure must be signed by the transferor, including the printed name, and shall
contain the following information:
(1) The odometer reading at the time of the transfer (not to include tenths of
miles);
(2) The date of the transfer;
(3) The transferor's name and current address;
(3a) The transferee's printed name, signature and current address;
(4) The identity of the vehicle, including its make, model, body type, and
vehicle identification number, and the license plate number most recently
used on the vehicle; and
(5) Certification by the transferor that to the best of his knowledge the odometer
reading
a. Reflects the actual mileage; or
b. Reflects the amount of mileage in excess of the designed mechanical
odometer limit; or
c. Does not reflect the actual mileage and should not be relied on
.
so, was it disclosed on the title? No, they do not have to provide separate documentation if the title was the means of transfer to you but the title notations must be accurate.

(d) The provisions of this disclosure statement section shall not apply to the following
transfers:
(1) A vehicle having a gross vehicle weight rating of more than 16,000 pounds.
(2) A vehicle that is not self-propelled.
(2a) A vehicle sold directly by the manufacturer to any agency of the United
States in conformity with contractual specifications.
(3) A vehicle that is 10 years old or older.
(4) A new vehicle prior to its first transfer for purposes other than resale.
(5) A vehicle that is transferred by a State agency that assists the United States
Department of Defense with purchasing, transferring, or titling a vehicle to
another State agency, a unit of local government, a volunteer fire
department, or a volunteer rescue squad. (1973, c. 679, s. 1; c. 1088; 1983,
c. 387; 1989, c. 482, ss. 2-5; 1993, c. 553, s. 11; 2009-550, s. 2(d).
)

2 sections in that may be of concern: GVW over 16000 pounds and vehicle over 10 years old. Does either apply?

and to your $1500 damages:

§ 20-348. Private civil action.
(a) Any person who, with intent to defraud, violates any requirement imposed under
this Article shall be liable in an amount equal to the sum of:
(1) Three times the amount of actual damages sustained or one thousand five
hundred dollars ($1,500), whichever is the greater; and
(2) In the case of any successful action to enforce the foregoing liability, the
costs of the action together with reasonable attorney fees as determined by
the court.
(b) An action to enforce any liability created under subsection (a) of this section may
be brought in any court of the trial division of the General Court of Justice of the State of North
Carolina within four years from the date on which the liability arises. (1973, c. 679, s. 1; 1981
(Reg. Sess., 1982), c. 1280, s. 1.)
a mistake does not fall under "intent to defraud".



and as another said: maybe's, might have's, could have's are not worth anything.
 

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