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  #1  
Old 07-28-2006, 01:53 PM
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Join Date: Jul 2006
Posts: 3

Failure to disclose salavage on trade in car. NC


What is the name of your state? North Carolina

Thanks for your time. This is somewhat similar to other case posted about also in NC.

I traded in two vechicles +cash for a new car. Dealer called back a month later saying one was salvage/over25% damage and I lied about it. Said car was worth 75% less because of this. Demanded difference or for me to buy car back at a price they set, or they would turn me into DMV. Showed documents they had from a title search.

I did not disclose "salvage" or "over 25% damage" on the form.

Later found out they left out the forms enf-276 and enf-277 from the "evidence" they gave me, that would have came back in a title search. These forms show that there was 14% damage to the car that was repaired. This was signed off on by a DMV inspector.

On the valuation, I traded in 2 cars and individual values were never discussed. They are requesting I pay $1500 over kbb trade in to get my car back and drop the issue.

They went to DMV inspector after I refused. DMV inspector said I had to come in monday morning so he could charge me. Class 2 misdemeanor.

The selling dealer of the car in question disclosed the "savage vechicle" and "25%+ damage" on the title signed over. While buying I knew there was minor damage to the vechicle. Dealer at the time said it was minor, said it was below 25%, said I would likely be issued a clean title. It turns out this was correct, they kept a copy of repairs, and that DMV form that was ~14% in damage. DMV issued me a clean title to the car. DMV inspector said that didn't matter, it was check on the title to me, it should always be checked from this on. I tried to push the issue with him but no luck. Salvage is 75% or over damage in NC. I kept asking how you could procecute when I lied about 75%+ or 25%+ damage when I had the repair cost signed by another DMV showed 14% damage.

I was told I had to come in Monday morning to be charged. I asked if it could wait another 2 days until I could meet with an attorney (I have an appointment Weds morning of next week) but was told no. I spoke breifly with my attorney one day and they thought I was OK but I'm really nervious about this. I would like to work out with dealer but I'm really upset about the whole mess, and concerned they are trying to extort money to fix the crimal side of the matter. I imagine I could expect a Civil suit next? I'm also worried they will sell the car for nothing and I will have to cover the difference. I feel like I could move the car for much more locally or on ebay, cars (<$10k are mainly sold on the condition they are in, IMHO). If I had the buy the car back at their current asking price I could probably resale and only lose $500-2000.

I honestly thought I was fairly representing the car in the trade in. I was asked nothing about it, condition, repairs, anything. Salvage titles are marked in NC, have salvaged title printed on them and can never be cleaned. I thought b/c the damage was minor it was never considered salvage.

Advise?

Last edited by c5_nc; 07-28-2006 at 02:00 PM.
  #2  
Old 07-28-2006, 02:05 PM
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Join Date: Jul 2006
Posts: 3
Here it goes. From what the DMV inspector told me I am guilty of both charges:

§ 20‑71.4. Failure to disclose damage to a vehicle shall be a misdemeanor.

(a) It shall be unlawful for any transferor of a motor vehicle to do any of the following:

(1) Transfer a motor vehicle up to and including five model years old when the transferor has knowledge that the vehicle has been involved in a collision or other occurrence to the extent that the cost of repairing that vehicle, excluding the cost to replace the air bag restraint system, exceeds twenty‑five percent (25%) of its fair market retail value at the time of the collision or other occurrence, without disclosing that fact in writing to the transferee prior to the transfer of the vehicle.

(2) Transfer a motor vehicle when the transferor has knowledgethat the vehicle is, or was, a flood vehicle, a reconstructed vehicle, or a salvage motor vehicle, without disclosing that fact in writing to the transferee prior to the transfer of the vehicle
  #3  
Old 07-28-2006, 03:32 PM
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Join Date: Jul 2006
Posts: 3
Should have posted this in criminal section instead? Thought more "similar" matters like this were in this forum.
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