Didn't know trade was a salvage!!

[rjrn]

What is the name of your state? Florida

I received a call today from the dealership that I just bought a car from yesterday telling me that the car I traded in turned out to have been a salvaged vehicle. This was never disclosed to me when I bought the traded vehicle (also in the state of Florida) and the car has a valid Florida title which I signed over to the dealer when I picked up my new car.

Am trying to learn as much as I can before calling the dealer back. I traded in the car in good faith, completely unaware of the salvage history. Am I responsible?

[I AM ALWAYS LIABLE]

Originally Posted by rjrn

What is the name of your state? Florida

I received a call today from the dealership that I just bought a car from yesterday telling me that the car I traded in turned out to have been a salvaged vehicle. This was never disclosed to me when I bought the traded vehicle (also in the state of Florida) and the car has a valid Florida title which I signed over to the dealer when I picked up my new car.

Am trying to learn as much as I can before calling the dealer back. I traded in the car in good faith, completely unaware of the salvage history. Am I responsible?

My response:

It would have said "Salvage" on your title or your registration card. So, yes, you are responsible for trading in a car that wasn't worth what both parties believed it to be. Your argument is with the person you bought your trade from. But, insofar as THIS dealer is concerned, you'll have to come up with the difference in value - - otherwise, the contract is avoidable by the dealership; i.e., there is no contract for two reasons - - 1) failure of consideration; and 2) no meeting of the minds.

IAAL

[teflon_jones]

Sorry IAAL, this doesn't happen often, but I'll have to disagree with you on this one. The poster traded in a vehicle for a value commensurate with what he/she thought it was worth. If they purchased the vehicle with no knowledge that it should have had a salvage title, and never knew that it should have had such a title, then the dealership doesn't have a case against them. It's up to the dealership to prove that the poster knowingly mislead them as to the value of the car.

[I AM ALWAYS LIABLE]

Originally Posted by teflon_jones

Sorry IAAL, this doesn't happen often, but I'll have to disagree with you on this one. The poster traded in a vehicle for a value commensurate with what he/she thought it was worth. If they purchased the vehicle with no knowledge that it should have had a salvage title, and never knew that it should have had such a title, then the dealership doesn't have a case against them. It's up to the dealership to prove that the poster knowingly mislead them as to the value of the car.

My response:

And I have to disagree with you. I think even you'll agree that when "salvage" is written on the Registration and the Title of the vehicle, then by law, you're imbued with "knowledge" of that fact. You can't hide your head in the sand and say, "I didn't know." That's like getting into an accident, and not knowing what your insurance policy says. Once a person has the information, they are imbued with the knowledge of what is, and what isn't. Failure to "read" isn't an excuse or a defense.

Now, all we have to do is wait for our writer to confirm whether or not "salvage" is written on the Registration and the Title of the vehicle.

IAAL

[teflon_jones]

Originally Posted by I AM ALWAYS LIABLE

My response:

And I have to disagree with you. I think even you'll agree that when "salvage" is written on the Registration and the Title of the vehicle, then by law, you're imbued with "knowledge" of that fact. You can't hide your head in the sand and say, "I didn't know." That's like getting into an accident, and not knowing what your insurance policy says. Once a person has the information, they are imbued with the knowledge of what is, and what isn't. Failure to "read" isn't an excuse or a defense.

Now, all we have to do is wait for our writer to confirm whether or not "salvage" is written on the Registration and the Title of the vehicle.

IAAL

I absolutely agree with you!

I was assuming from her post that it wasn't on the title. Otherwise, you're definitely correct, it's entirely her fault and she's liable for the difference in values between a non-salvage titled vehicle and her car.

[carofl93]

We just sold my hubby's salvage titled Galaxie for parts. The insurance company that totalled it out gave us the salvage title and we were informed that it could never be re-titled for road use according to FL law. Something to ponder.

[teflon_jones]

Originally Posted by carofl93

We just sold my hubby's salvage titled Galaxie for parts. The insurance company that totalled it out gave us the salvage title and we were informed that it could never be re-titled for road use according to FL law. Something to ponder.

That's not a Salvage title, that's a "Certificate of Destruction" title. They're often confused. A Salvage title can be re-titled for road use, but the other can't.

[rjrn]

I double checked with the FL DMV and it was confirmed that the car was never branded as a salvage title in FL. The title was either "washed," which is not supposed to be able to happen in FL or the car was reinspected and deemed roadworthy. The salvage title was assigned in Mass. where the car had been stolen and eventually recovered. I don't believe that the car ever sustained frame damage - it was inspected by my mechanic. I presented a clean title on a car that had not been rebuilt or sustained frame damage, I have held up my end as stated in the purchase agreement.

[teflon_jones]

If you had no knowledge of the salvage title then you have no responsiblity to the dealer for the difference in value. You fairly and honestly represented the car to the best of your knowledge which is all you can do.

[rjrn]

Thanks for all of your posts . . . I've consulted my attorney who agrees that I have held up my end of the deal and will be taking over the communications with the dealership from here on out.