Does "Caveat Emptor" Apply Here??

[Flygirl4delta]

What is the name of your state? Georgia

3 1/2 weeks ago I purchased a vehicle at a local dealership. I ended up trading in my current vehicle for it and also had to pay a lot of money out of pocket towards the new car because my car had been pretty badly wrecked a few years before I bought it. I was totally upfront with the dealer on my trade-in and told them everything I knew about it. They actually informed me that my car was wrecked worse than I thought. They looked over my car on several different occassions and we both came up with an agreement on trade in price. We signed the contract, with no contingencies, and the deal was made.
Last week I received a telephone call from the car dealer telling me that I had to "tear up" our original contract and bring my new car back. They said they sold my car to a wholesaler and a few days later he brought the car back saying it had a "salvaged title" a few years prior and he didn't want it anymore. So now the dealer is trying to make me take the car back, even though I knew nothing about this "salvaged title". Shouldn't it have been the dealers responsibility to run a vehicle history check on my car before he agreed to purchase it? The dealer took several days evaluating my trade in before they decided to accept it, so I know they had ample time to discover something like that. Now they are "holding" the title to my new car, even though my bank has already issued the check to the dealership AND gave them the title to my trade-in, which was clean and had nothing on it about a "salvage". They are also failing to properly register the vehicle and tag in my name, even though it is currently covered under my insurance and I've been driving it for over 3 weeks.
I sent two certified letters to the dealership - one to the General Sales Manager and one to the owner of the dealersip - explaining the situation and asking them to release the title to my bank on the new car. They are still not releasing the title. What should I do now and when should I contact an attorney? I do not know what rights I have as a consumer in this situation.
Can someone please offer me some advice? Does the rule "Caveat Emptor" apply in this situation?? Thanks to anyone who can offer advice!!

 

[Mike101]

Where did you buy the car that has the salvage title? Private or a dealership?

 

[JETX]

Tell the dealer to "fogetabotit".

The fact that HE screwed up (and being a 'professional') is his problem. Ignore any pleas to have you bring the car back.

 

[Flygirl4delta]

To Mike101

Thanks, yall, for responding. I purchased the car from a private individual in Georgia. When I purchased the car, he gave me the title - which was clear- and told me about the accident with the car. I took it to my mechanic and he confirmed it had been wrecked and repaired, but nothing was EVER mentioned about a "salvaged title". I guess the dealer I traded it in to last month didn't know to check the title history either because they didn't know about it until they sold it to a wholesaler (who supposedly found it out) Thanks again for giving your advice!!

 

[Flygirl4delta]

Halket

Thanks so much for responding! What do you think I should do about getting the title to my new car? My bank who financed it told me that they can't do anything about collecting the title. I guess I'll have to go to court to get it!?

 

[JETX]

Title: you have two options.
1) Don't do anything. Let the bank bear the task of getting the 'negotiable' title from the dealer, and/or
2) Send the dealer a very nice, professional, strongly worded demand for the title. They cannot link their issue of the trade-in's value to the title of the car you purchased. Simply, the contract stands unless they can show that you committed fraud and go to court to get the contract voided.

 

[Flygirl4delta]

Halket

Well I'm glad to hear that. I was unaware of anything wrong with the title on the car, so I should be okay. But if they keep hanging on to the title of my new car....well then I guess it will get ugly! Thanks for your help!