How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8712
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I purchased a $80,000 dollar Porsche. Private seller implied

This answer was rated:

I purchased a $80,000 dollar Porsche. Private seller implied car was never wrecked and had original paint. I looked at car and it looked very nice. I gave him 40K deposit on july 23rd , seller later asked me to sign a bill of sale with "as is" july 28. A month later I found the car was in an accident that gave the car a salvage title many years earlier, but title was cleared of salvage history three sellers, ten years ago. Do I have any recourse?

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear that;

Every contract has an implied covenant of good faith and fair dealing, meaning that the parties cannot make false representations. In fact, if they do so (with intent), in order to induce the other party to sign the contract, this is called "fraud in the inducement".

The problem is that if there is a legal document stating as is, and the other representations were verbal, it will come down to a matter of proof- for example who the particular judge believes. Any advertisements on, for example, internet sites or newspapers, can help prove that there were misrepresentations made so if you can find some kind of concrete proof, that will be very helpful. Declarations from third parties are also helpful (but if it is from a friend, for example, the judge may not give it credibility- that comes down to the specific judge).

If the bill of sale simply states as is and does not mention the washed title, that would presumably raise red flags in the judge's eyes, because most people will clearly put that on the bill of sale unless they are trying to be deceptive. The court may also look at the price paid, and that may cause the judge to believe the buyer, because presumably that is a substantial sum for a car that had a salvage title.

https://dojmt.gov/driving/buying-or-selling-a-vehicle/

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

LegalGems and 2 other Consumer Protection Law Specialists are ready to help you

Related Consumer Protection Law Questions