What is the name of your state (only U.S. law)? California
Please bear with me...
I have tried looking it up, but cannot find a direct answer. Let me briefly explain: I purchased a cheap vehicle a week ago about $600. I fully understood when I was going out to purchase a vehicle at that price that it was sure to have high miles and probably some mechanical/cosmetic issues. I was alright with that and welcomed the opportunity to take something cheap and make it nice and my own and re-sell it later. The ad says the vehicle is in excellent condition with new tires and interior $800. Long story short...the ad did not mention it and when I asked the seller about the vehicle history I was told that it had no major problems or incidents and that he performed preventative maintenance and he used it to commute (And that he owned it for 4 years). I chose to buy the vehicle and used this form: Car Bill of Sale Example for my bill of sale. I did not know that in California there is a space on the title that lists vehicle condition (hopefully it is blank, but...I later discovered this box (I had not noticed it before until my roommate pointed it out) that it looked like somebody used something to rub off the designation. Curious as to what it was, I used Carfax. SALVAGE TITLE/CERTIFICATE ISSUED. I don't know anything about what CERTIFICATE was issued (???) Now, had the seller (Private Party) disclosed that in the ad or in writing (Signed by both of us) this would be a whole different story. But, I did not know until afterwards because the title looked clean and correct (It was even difficult to notice the alteration under "vehicle condition" even after I discovered it had been removed). I wanted an around town vehicle that I could fix and sell later, but that now has changed after discovering the SALVAGE designation. I will never be able to sell this vehicle again. I will have to donate it.
So, the question is this...Can I as the buyer sue the seller for the amounts listed in the next paragraph in () due to him not disclosing in the ad or in writing that the vehicle was a salvage vehicle. The seller never gave me anything or had me sign something acknowledging the SALVAGE status. Even after directly asking him.
The bill of sale is for $200 and the original sale price was $800 so I am valuing it at that amount ($600 difference). I had planned to get the vehicle completely fixed up and I have in fact fixed the engine and the car is running good. The seller also did not provide me a current SMOG ($75 total I paid). After finding out from my roommate about the suspicious title I had to use carfax to find-out what was going on ($29.99 paid). Very worried at this point, I also sent the vehicle for a diagnosis ($124.95 plus tax paid).
I am not upset about the wear and tear issues or any damage (Unless it was caused from the event that made it SALVAGE), but I am upset that I was not fully disclosed as to the SALVAGE status and that I cannot get a decent resale amount later after I fixed it. I was lied to and the ad said Excellent Condition. A SALVAGE vehicle does not fit Excellent Condition...it was salvaged, that is not excellent no matter how much it was fixed).
Do I have any recourse against this individual. I know he completely misrepresented this vehicle and I'm upset. I could have fixed up the issues and brought it to excellent KBBook value ($1,570). Not anymore.
Please helpWhat is the name of your state (only U.S. law)?
Please bear with me...
I have tried looking it up, but cannot find a direct answer. Let me briefly explain: I purchased a cheap vehicle a week ago about $600. I fully understood when I was going out to purchase a vehicle at that price that it was sure to have high miles and probably some mechanical/cosmetic issues. I was alright with that and welcomed the opportunity to take something cheap and make it nice and my own and re-sell it later. The ad says the vehicle is in excellent condition with new tires and interior $800. Long story short...the ad did not mention it and when I asked the seller about the vehicle history I was told that it had no major problems or incidents and that he performed preventative maintenance and he used it to commute (And that he owned it for 4 years). I chose to buy the vehicle and used this form: Car Bill of Sale Example for my bill of sale. I did not know that in California there is a space on the title that lists vehicle condition (hopefully it is blank, but...I later discovered this box (I had not noticed it before until my roommate pointed it out) that it looked like somebody used something to rub off the designation. Curious as to what it was, I used Carfax. SALVAGE TITLE/CERTIFICATE ISSUED. I don't know anything about what CERTIFICATE was issued (???) Now, had the seller (Private Party) disclosed that in the ad or in writing (Signed by both of us) this would be a whole different story. But, I did not know until afterwards because the title looked clean and correct (It was even difficult to notice the alteration under "vehicle condition" even after I discovered it had been removed). I wanted an around town vehicle that I could fix and sell later, but that now has changed after discovering the SALVAGE designation. I will never be able to sell this vehicle again. I will have to donate it.
So, the question is this...Can I as the buyer sue the seller for the amounts listed in the next paragraph in () due to him not disclosing in the ad or in writing that the vehicle was a salvage vehicle. The seller never gave me anything or had me sign something acknowledging the SALVAGE status. Even after directly asking him.
The bill of sale is for $200 and the original sale price was $800 so I am valuing it at that amount ($600 difference). I had planned to get the vehicle completely fixed up and I have in fact fixed the engine and the car is running good. The seller also did not provide me a current SMOG ($75 total I paid). After finding out from my roommate about the suspicious title I had to use carfax to find-out what was going on ($29.99 paid). Very worried at this point, I also sent the vehicle for a diagnosis ($124.95 plus tax paid).
I am not upset about the wear and tear issues or any damage (Unless it was caused from the event that made it SALVAGE), but I am upset that I was not fully disclosed as to the SALVAGE status and that I cannot get a decent resale amount later after I fixed it. I was lied to and the ad said Excellent Condition. A SALVAGE vehicle does not fit Excellent Condition...it was salvaged, that is not excellent no matter how much it was fixed).
Do I have any recourse against this individual. I know he completely misrepresented this vehicle and I'm upset. I could have fixed up the issues and brought it to excellent KBBook value ($1,570). Not anymore.
Please helpWhat is the name of your state (only U.S. law)?