Private Party Fraud HELP!!!

[duckman623]

What is the name of your state (only U.S. law)?
Nevada-California

Ok so i live in California, but drove up for Nevada to purchase a vehicle. After sending several texts the seller assured me it was a clean title and never been in an accident and that the mileage was original. I asked several times before i headed out there after discussing the price i agreed to go down there and check it out. I checked out the car and everything seemed ok, he told me he got a paint job because the old paint was bad. I didnt notice anything out of the ordinary, i made sure to ask him that the vehicle was a clean title and that the miles were original. I purchased the vehicle for $4075. And drove it home, after a few days i took it to a shop and investigated further to find out that all the things he assured me were false. I found out that the car had been in a wreck, that the mileage was not correct and it was not a clean title car. I have contacted the owner only to for him to tell me the car was sold as is and to F off. Thing is never did he say the car was sold as is until after the sale when i contacted him. He even left the bill of sale blank with his signature, so that i can fill it out whatever (often times people lie on the selling price to get lower tax at dmv). I need help and legal advice, what kind of lawyer would i talk to and do i even have a case? Please help me and if u want any further details let me know thanks.

 

[sandyclaus]

What is the name of your state (only U.S. law)?
Nevada-California

Ok so i live in California, but drove up for Nevada to purchase a vehicle. After sending several texts the seller assured me it was a clean title and never been in an accident and that the mileage was original. I asked several times before i headed out there after discussing the price i agreed to go down there and check it out. I checked out the car and everything seemed ok, he told me he got a paint job because the old paint was bad. I didnt notice anything out of the ordinary, i made sure to ask him that the vehicle was a clean title and that the miles were original. I purchased the vehicle for $4075. And drove it home, after a few days i took it to a shop and investigated further to find out that all the things he assured me were false. I found out that the car had been in a wreck, that the mileage was not correct and it was not a clean title car. I have contacted the owner only to for him to tell me the car was sold as is and to F off. Thing is never did he say the car was sold as is until after the sale when i contacted him. He even left the bill of sale blank with his signature, so that i can fill it out whatever (often times people lie on the selling price to get lower tax at dmv). I need help and legal advice, what kind of lawyer would i talk to and do i even have a case? Please help me and if u want any further details let me know thanks.

I'm afraid that this guy is right.

Unless the seller offers a WRITTEN warranty or other guarantee of fitness, the sale is considered "AS IS", in that you take it as you find it - with any defects or problems they have told you or NOT told you about.

Used car dealers have a bad rep for lying to customers in order to sell their junk cars, and many private sellers tend to do the same thing. It is for this reason that one should NEVER buy a used vehicle before they have their own private mechanic do a full inspection on it, in order to determine it's current mechanical, structural and cosmetic condition. The mechanic's evaluation of the vehicle will help you to discover the true condition of the vehicle and uncover those things that the seller ISN'T telling you. Once you have that opinion, then and only then can you make a truly informed decision on whether or not to buy the vehicle, and whether or not the asking price is fair given the condition of that vehicle.

I'm sorry, but you took that guy at his word, and never had a mechanical inspection done by an independent professional before the car, so when you bought it, you did so with all it's problems.

Your only recourse here may be if you are unable to title the vehicle in your own name. When you say that the vehicle doesn't have a clean title, what is the problem with it? Was it a salvage title, or were there existing liens on the vehicle that prevented you from registering it?

 

[duckman623]

Yes the title is salvage when he told me it was clean.

I did take him at his word but after doing some research, i've read that knowing inaccurate misrepresentations of a vehicle history and/or condition would justify canceling an auto contract?

Hey also left the bill of sale empty with just his signature, i mean we never said anything about as-is i know this is kinda grey area but i was thinking i could put in the bill of sale that he promises that the car is a clean title car with no accidents and original mileage. He did state that i could put "whatever i want on the bill of sale"

Thanks for your advice please let me know!

 

[Zigner]

Yes the title is salvage when he told me it was clean.

"Clean" means you are able to transfer it in to your name without jumping through other hoops.

ETA: Specifically, that there are no liens, etc.

 

[sandyclaus]

"Clean" means you are able to transfer it in to your name without jumping through other hoops.

ETA: Specifically, that there are no liens, etc.

Actually, in my research, clean can ALSO refer to the fact that it's not a salvage title. According to this site,
http://www.ehow.com/info_7747979_meaning-clean-title-buying-car.html:

A clean title is one that has no major recorded damage; it's not a salvage title. The phrase "clean title" is often used as a synonym for "clear title" but they mean two different things. Clear title refers to a car that is free of liens. These two phrases are often used interchangeably, and both are important for buyers in making a decision to purchase a car.

 

[sandyclaus]

Yes the title is salvage when he told me it was clean.

I did take him at his word but after doing some research, i've read that knowing inaccurate misrepresentations of a vehicle history and/or condition would justify canceling an auto contract?

Hey also left the bill of sale empty with just his signature, i mean we never said anything about as-is i know this is kinda grey area but i was thinking i could put in the bill of sale that he promises that the car is a clean title car with no accidents and original mileage. He did state that i could put "whatever i want on the bill of sale"

Thanks for your advice please let me know!

Given the mixed meaning of a "clean" title, the seller could have thought you meant it had no liens against it. (It's a valid argument.)

And when you were there to take possession of the vehicle, I assume that you were given the pink slip/title at the time? You could easily have looked at the title before finishing the transaction and known that it was a salvage vehicle, and that would have put the seller's claims that car had never been wrecked into serious doubt as well.

Really, if you had done your proper research and a thorough inspection of the vehicle before completing the sale, you could have avoided this whole thing. "Caveat emptor" - Let the buyer beware.

And if you go writing things on the bill of sale to try to boost your position? Well, since it is simply written in, and not initialed by both parties to the sale, the seller could easily and successfully challenge it's validity in court. You don't want a forgery charge on your hands on top of all the trouble you're already in here.

 

[duckman623]

it doesnt state anything about a salvage title on the title, i made sure to examine this. i guess what your basically telling me is i am screwed, even though he knowingly gave me false information to sell the vehicle.

 

[Zigner]

it doesnt state anything about a salvage title on the title, i made sure to examine this. i guess what your basically telling me is i am screwed, even though he knowingly gave me false information to sell the vehicle.

If the title doesn't say it's a salvage vehicle, then how should the seller have known?

 

[sandyclaus]

If the title doesn't say it's a salvage vehicle, then how should the seller have known?

x2...

And if the title didn't say it was a salvage vehicle, then how did YOU determine that it was?

If you are going to try to claim you were misled and misinformed, then you have to prove that the seller knew it was. Without it saying so on the title, you will have a tough time proving that the seller actually knew it was.

 

[duckman623]

i had called a shop where the seller worked on the car and they sent me paperwork. on the paperwork it stated that they notice the car had been in a wreck after i found that out, i carfaxed the vehicle and it states on there that the car has a salvage title. That's how i know he knowingly misinformed me.

 

[Zigner]

i had called a shop where the seller worked on the car and they sent me paperwork. on the paperwork it stated that they notice the car had been in a wreck after i found that out, i carfaxed the vehicle and it states on there that the car has a salvage title. That's how i know he knowingly misinformed me.

So, with a few minutes of research, you found out this information. Too bad you didn't do so BEFORE you purchased the vehicle.

 

[duckman623]

yes i know, i learned a lesson from this. i guess i am too trusting, but i dont think i should be at fault for being honest, and deceived by a dishonest person. I just want my money back that is all nothing more. I bought the car on a saturday, and had to call the shops on monday and get the paper work sent to me along with taking it to the shop on my own. I should have been more careful that is my fault yes, but i if he was honest in the first place i would've never even checked out the car.

 

[stuckazdude]

ORRRR the car is stolen and the guy took a salvaged vehicle and swapped the vin from the salvaged car.

 

[sandyclaus]

yes i know, i learned a lesson from this. i guess i am too trusting, but i dont think i should be at fault for being honest, and deceived by a dishonest person. I just want my money back that is all nothing more. I bought the car on a saturday, and had to call the shops on monday and get the paper work sent to me along with taking it to the shop on my own. I should have been more careful that is my fault yes, but i if he was honest in the first place i would've never even checked out the car.

The world is full of dishonest people. They prey on unsuspecting people like you who don't expect it. Caveat emptor.

Unfortunately, you are finding out now what happens when you are not a careful car buyer. All of the information that is making you want to get your money back is information that was readily available to you BEFORE you bought the car.

Time to face facts. There's nothing you can do at this point to get your money back.

 

[duckman623]

this is what i came upon Nevada DMV:

Because some car dealers have been caught making shady deals in the past, the law is serious about the principle of full disclosure.

Hiding the fact that the vehicle was once a salvage vehicle, or attempting to erase or cover up the brand on a rebuilt vehicle's title, is a felony criminal offense. Conviction can result in large fines and even jail time.

The law also dictates that you must obtain a salvage title before transferring a salvage vehicle out of the state to sell it.

hopefully this means i have grounds for something. I guess its worth a shot better than just giving up.