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we bought a truck a few years ago and now want to sell it or

 

Customer Question

we bought a truck a few years ago and now want to sell it or trade it in but the dealer we bought it from never told us there was a replacement idenification number on it so now we tryed to trade it in and when a carfax report was ran the truck was totaled a week after it was new come to find out but are title says nothing about it being a salvaged title we called the place where we bought it from and asked why they didnt tell us and they said it dosnt affect the value and its not a big deal but i dont agreecan you give me some kind of advice on this

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
nothing

Submitted: 319 days and 15 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED
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Expert:  VAMD, Esq. replied319 days and 14 hours ago.

Hello and thank you for allowing me the opportunity to assist you.

If the title does not say "revived salvage," then you may have recourse against the seller since the title must state that by law (see DMV). Although the statute of limitations could be an issue depending on when you bought the truck, you have a good argument that it should not begin running until the issue was discovered (or reasonably should have been discovered). Clearly, discovering that a car was salvaged when the title has no such indication would be very difficult or even impossible. If you sue, your damages would likely be the difference between what the truck would be worth if it were not a salvaged vehicle, and what the truck is actually worth now that you've discovered that it was salvaged. You can also apply for a new title with the DMV which correctly states that the truck is revived salvage.

If you would like any additional information or need clarification, please do not hesitate to ask!

Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

Thank you.

Customer replied318 days and 22 hours ago.

hi agian okay so no matter what the truck should have a salvaged title and it does not how we acually found out was we called a dealer to buy a new truck and they ran a carfax report and told us that it had been wrecked and ask if the title stated it was a salvaged title and we said no so with it having a replacement id number would it cause the value to go down the guy we talked to said they would not be able to resell it that it would go straight to auction .i guess our first step would be to go to the seller where we bought the truck and we did call them and they were basically stressing on the issue saying to come down and look at other trucks so im thinking they know we could sue them and they dont want that

Accepted Answer

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Expert:  VAMD, Esq. replied318 days and 17 hours ago.

Hi again.

Hmmm, it does sound like the seller knows that a mistake was made. Yes, the first step is to give the seller a chance to rectify the problem. Maybe they'll work something out with you and you can avoid legal action (that is generally the most preferable outcome). A lawsuit should be a last resort since it will cost you time and money, and there is always the risk that you will not win. I would certainly discuss this with the seller ASAP since they seem willing to work something out.

I hope that helps.

Please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

Thank you.VAMD, Esq.41098.9147578704

Expert TypeAttorney
Category: Consumer Protection Law
Pos. Feedback: 96.4 %
Accepts: 502
Answered: 7/8/2012

Experience: Licensed to Practice Law

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