Bad Motor/Salvage Title Woes

[chiquita_bob]

What is the name of your state? Georgia

Hi, My husband purchased a 99 Dodge truck recently. We have recently found out that the truck is in need of a new motor and has significant frame damage which has been spot welded. When we purchased the truck we had a signed bill of sale that does NOT state "as is". After discovering the engine and frame problems we contacted the previous owner (owned the truck for 2 months) who claims to know nothing of this damage. He appeared to be just as surprised as we were. He purchased it through an estate sale. After pulling a VIN report we have found that the truck had been in a major accident and was given a salvage title. I was under the assumption that a vehicle could no longer receive a clear title after a salvage. Am I mistaken? The previous owner is going to contact us with his seller's information. Is the seller supposed to disclose salvage title information? This is a big problem and I need advice. Is there something we can do or have we made an expensive mistake? Thanks!!

 

[teflon_jones]

Even if the bill of sale doesn't say "as-is", the rule is "let the buyer beware". You should have had the truck taken to a shop to have it checked out prior to purchasing it.

Regardless, you have no recourse against the person the previous owner bought it from because they bought it from that person, you didn't.

 

[UNHAPPY SON]

A Dealer

I don't know what your state laws are, in NC as a dealer:
1. I must supply a warranty statement, marked either As Is or Warranty
2. As a dealer, the law works like this- I am considered to hold signifigant vehicle knowledge, if the damage is evident to a person in my field, then I could be held liable
3. Salvage or branded titles deal with the extent of damage compared to vehicle value. The majority of salvage brands result from insurance companies.
4. As far as contacting the previous owner- in NC, the liability is a chain of ownership. We are required to supply a damage disclosure statement. If I sell you a car without knowing it is salvage, I must make it right with you. In turn, the person I bought the car from must make it right with me, unless he can prove ignorance, this goes on throughout the owner history.

I wish you luck, the best way to get some action is to call the DMV. They will transfer you to the dealer's investigator who will contact the dealer. Usually, if the dealer was aware that call will be incentive to try to work it out with you.

 

[Shelby6718]

You need to be dealing with the seller...........

As an Oklahoma dealer, it works the same as in NC and, from my experience, nationwide. Disclosure of frame damage and branded titles is mandatory. However, the problem here, based on the information given, is you are dealing with a private party sale. Private parties sales are usually not held to the same standards as a dealer sale. In many cases private parties can get by with "I didn't know that"and go on their way. If I were in your situation, I would contact DMV to see if there is any way they can help you out.They may be interested as to how a salvage title turned into a clean one and who was responsible for that. If not, I foresee a lot of time in civil court----with the person you bought it from..

 

[chiquita_bob]

Thanks for the help!

Thanks for all the advice. I now find myself in a different problem. Posted as CONSUMER & GENERAL PRACTICE LAW > Consumer Contracts, Guarantees and Warranties > Truck Repair Frustration Continues
If you can help again please your advice is greatly appreciated!!