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.
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.