Salvage title

[jman04]

What is the name of your state? Texas.

A friend of mine recently bought a motorcycle. When looking at the bike he asked the seller if the bike had a salvage title, as the bike needs to be painted and has some obvious wear and tear for a 97. Also when someone buys a vehicle this is a question you normally ask. Anyways the seller stated to him the title was clean and it wasn't a salvage title. My friend picked up the bike and paid the seller $2k of the $2900. A week later he went and paid the remainding balance to the seller and got the title. After he had paid the seller and left he got to looking at the title and it clearly states it is a rebuilt title. My friend contacted the seller about this and the seller stated he did not know it was a rebuilt title and tried to avoid him by saying he would call him in a week when he gets back in town to do something about it. What are the buyers rights as far as being lied to by the seller in this circumstance? Can he legally get all his money back or a portion if he so chooses?

 

[Shelby6718]

What did the bill of sale say??????????

If the seller was a dealer, the answer would be simple.Salvage/rebuilt brands on titles must be disclosed . However, private parties are usually not held to the same standards as licensed dealers and really get by with a lot. What does the bill of sale say. Any "as is" statement? There WAS a bill of sale, right? Also, the title received, was it in the sellers name?

 

[JETX]

Anyways the seller stated to him the title was clean and it wasn't a salvage title.

it clearly states it is a rebuilt title.

Strange.... since Texas doesn't have such a thing as a 'rebuilt title'.
Texas DPS does have a 'rebuilt affidavit' (form VTR-61) and they do have a 'salvage title' (form VTR-34-S).
For copies of these forms, go to:
http://www.dot.state.tx.us/vtr/vtrreginfo.htm?pg=form1

So, which is it??

What are the buyers rights as far as being lied to by the seller in this circumstance?

Since the buyer was obviously concerned about this as a possiblity, of course he had the bill of sale reflect that the title would NOT be salvage (or rebuilt), didn't he?? If so, then simply take the seller to court and show the title and bill.
If he didn't get it in writing, it is simply a matter of his word against the seller.

Can he legally get all his money back or a portion if he so chooses?

Only if a court grants it.