Is the dealer responsible

[ladybugt]

What is the name of your state?MI
I recently purchased a used car and found out that the car I was trading in-a '96 Lumina was a salvage car. I bought it from a dealer 4 years ago and had no clue it was salvage. Isn't the dealer legally responsible to let me know I was buying a salavage? Do I have any recourse?

 

[JETX]

Isn't the dealer legally responsible to let me know I was buying a salavage? Do I have any recourse?

Your state law requires that a salvage vehicle have a salvage title. Are you saying your vehicle did NOT have a salvage title???

From a Michigan DOS site:
"A vehicle with a salvage title cannot be plated or used on public roads until it is recertified by a specially trained police officer and retitled. Through March 1990, vehicles retitled for road use were identified as "REBUILT" on the front of the title. Beginning April 2, 1990, the words "This vehicle was previously issued a salvage title" are used in place of "REBUILT". Since 1989, salvage and rebuilt titles are orange in color and list the vehicle's color and non-salvageable major component parts."

 

[ladybugt]

It was only when I went to trade the vehicle in did I learn that the orange title meant it was a salvage vehicle. I know stupidity is not a defense but isn't it the dealers responsabality to let me know the vehicle is a salavage vehicle before I purchase it?

 

[dallas702]

There is that old saying that "...ignorance of the law is no excuse...". Given the physical description of the actual title you could not have missed the "evidence". Do you have a cause of action against the dealer yoou bought it from for not revealing that? Maybe, but you'd better look very closely at your purchase documents from that dealer.

 

[JETX]

It was only when I went to trade the vehicle in did I learn that the orange title meant it was a salvage vehicle.

That might 'hold water'... if it weren't for the FACT that the title also includes text to show that it is a salvage.

I know stupidity is not a defense but isn't it the dealers responsabality to let me know the vehicle is a salavage vehicle before I purchase it?

Legally?? No. Ethics/Morals?? Yes.
However, do you wanna bet that the dealer will have a different 'version' than you.... and claim that you were in fact told of the salvage status... and presented with a salvage title??

 

[dallas702]

If your state (or the state in which you bought the Lumina) requires specific language in the sales contract that you were told of the title condition you may or may not have recourse. If it is required I would think it even has a block you would need to check or initial to prove you were informed. If the law requires you to be informed, and there is nothing in the sales contract to show the dealer did that, you may have recourse against him.

Either way...you have to read every line of the contract and see if addresses the title condition. Obviously, the dealer knew the condition.

 

[JETX]

If your state (or the state in which you bought the Lumina) requires specific language in the sales contract that you were told of the title condition you may or may not have recourse. If it is required I would think it even has a block you would need to check or initial to prove you were informed. If the law requires you to be informed, and there is nothing in the sales contract to show the dealer did that, you may have recourse against him.

Either way...you have to read every line of the contract and see if addresses the title condition. Obviously, the dealer knew the condition.

WOW!!!! What a wonderful and insightful post.... 'maybe if, coulda, woulda' on something that doesn't exist. Can you provide ONE state that "requires specific language in the sales contract that you were told of the title condition"??? Of course you can't.

You might as well have given advice as to what might have happened if the vehicle had gone through a dimensional timewarp and returned with a nuclear power source.

 

[ladybugt]

May I ask how it is you know that for a FACT the title also states the condition of the vehicle?? Yes, I understand that it is supposed to. However, in FACT no where on the title does it say ANYTHING about salvage. So, the law reads that we as consumers are supposed to know that just because the title is orange it is salvage?
May I ask how many people actually know this?

 

[JETX]

Can you tell me the states that DON'T requires the dealer to disclose the condition of the title?

You get caught again... and try to spin out of it.
First, you were the one who made the claim. I just called you on it.
Second, rather than respond with your 'proof'... you spin it.
Third, I never said it was not required.... only that it was NOT required as YOU said "specific language in the sales contract that you were told of the title condition".

And finally, the answer to your question.... Yep. All of them. There are NO states that require "specific language in the sales contract of the title condition".

 

[JETX]

May I ask how it is you know that for a FACT the title also states the condition of the vehicle??

Yep. Answered in my earlier post.
"Through March 1990, vehicles retitled for road use were identified as "REBUILT" on the front of the title. Beginning April 2, 1990, the words "This vehicle was previously issued a salvage title" are used in place of "REBUILT"."

 

[dallas702]

JETX;

I don't know why I should bother answering your juvenile attempts to "catch" me or other posters, but suffice it to say that my point is just as valid as yours. Further, I told OP to research his state laws regarding titles, conditions, and disclosure. Do you have a problem with that, too?

 

[JETX]

I don't know why I should bother answering your juvenile attempts to "catch" me or other posters, but suffice it to say that my point is just as valid as yours.

Hmmmm..... yours is a 'maybe, could-be, might-be' post. (" Do you have a cause of action against the dealer yoou bought it from for not revealing that? Maybe"). What a stupid post!!!

Mine provided the EXACT information from the OP's state DOS site.

You then make a statement of fact... and can't prove it.

We can all see the 'value' of your posts.....

Further, I told OP to research his state laws regarding titles, conditions, and disclosure. Do you have a problem with that, too?

Yep. Your 'go search' response could have been made by a trained monkey... and is NOT what posters are looking for on this site. Presumably, they want accurate LEGAL answers.... not a 'puff' response as you made.

 

[cjbrown929]

dallas: i got a virtual word for word insult as yours from jet, "Oh, what a woulda/shoulda...etc" on another post. I feel confident that any regular reader of this forum understands jets iconoclastic, cantankerous, and occasionally correct advice must be taken with lots of NACL because of its gratuitous content.

 

[Lemon Lawyer]

Salvage Title in MI

In many states if you buy a car that was salvaged out at one time and the title you get to it is not "branded" as a salvage car, then you were given a defective title in the first place. If that is true where you are, then you may still have legal rights against the selling dealership. Dani Liblang is an attorney in the Detroit area who could give you more info. You can get her web site and phone number info by clicking here Dani Liblang Info Link and scrolling down to her state, MI.

 

[JETX]

In many states if you buy a car that was salvaged out at one time and the title you get to it is not "branded" as a salvage car

Did you not understand that the vehicle title was salvage??
The OP agreed that it is ORANGE... and that is the color of a MI salvage title. The only issue now is whether the state screwed up or not by 'forgetting' to note that it was salvage. And of course, we don't know if that is true or not...