I bought a 2010 Nissan Altima from person to person and I paid $9500 cash. I did not pull the car fax but the seller verbally confirmed the vehicle had not been in an accident. Thursday I couldn't put the car in to drive gear. I had it towed to the dealership and because of the low mileage they assummed it would be covered under warranty. Unfortunately that was not the case, the dealer pulled the car info by VIN and discovered it had been in an accident which waives the warranty as well as giving me the bad news the vehicle did NOT have air bags further confirming the vehicle had been in an accident with deployed airbags. I was LIVID knowing that I had my family riding in this car and that the repair fee is $1500 (excluding the air bags)! The dealership informed me the title should have disclosed "rebuilt engine". I did not see the original title as the seller only asked me to give him an additional $400 to transfer the title to my name. Which I did. When the title arrived in my name and it indicated "rebuilt engine".There are many issues here but the icing on the cake is… when the "seller" filed for the title transfer he put that I paid $500 for the car (tax fraud), he put that I purchased from a salvage dealership and he FORGED my name print & signature on the title documents! At this point, I want to know legally what options I have. Ideally I want him to purchase the vehicle back $9500, reimburse me the title transfer $400 and the $300 I paid to the dealership to discover all this mess. He can have his car back. I have not spoken to the seller but I know he purchases vehicles from auction and sells them. That's what he does for a living. Help!
State/Country relating to question: Texas
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Hello and thank you for the question. I am sorry to read of this dilemma. Are you seeking to cancel the deal? what relief do you want?
No contract was in place but I do have documentation of the purchase price as well as a certified copy of the title transfer application. I want him to take his vehicle back and reimburse me the $10,200 I've spent so far. This would resolve the matter from going into a law suit (If I can even do that) and bring to light the crime he has commited thus far (fraud & forging my signature).
Have you considered a lawyer letter threatening civil lawsuit unless he does so?
I have considered and it would cost me $500. I'm not sure if a civil lawsuit threat is enough to get him to purchase the car back. I would like to know what concrete legal ramnifications he would face because of all of this.
He could be liable for breach of contract, misrepresentation and fraud. This can be pursued as a civil lawsuit. You may want to limit costs by letting a lawyer pursue from beginning to end on contingency fee basis so lawyer is paid only out of the recovery. martindale.com and findlaw.com are fantastic resources.
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