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Buyer Claims Seller Misrepresented Car, Salvage Title

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  • 12-21-2011, 07:29 PM
    bati
    Buyer Claims Seller Misrepresented Car, Salvage Title
    My question involves vehicle registration or title in the state of: California

    I sold my salvage 2005 Infiniti G35 to this guy and I made him aware that only the driver and passenger airbags were only replaced.

    I also mentioned to him that both the seat and curtain airbags were not replaced anyhow I got a letter saying from my buyer that they were told that I did not install the front passenger airbag bc in order to do so the complete dashboard had to be replaced. I was honest with the sale of the car but i'm thinking that they want a new dashboard and want me to pay for it....when I showed them the car 3 times he came to look at the car it was clear that the airbag did deployed through the dashboard tearing the dash. The cosmetic tear on the dashboard was visible when he looked and drove the car now that six weeks have passed since the purchase of the car this a concern of the buyer. I received a letter saying that he wants me to pay for the passenger airbag and new dashboard plus labor and I was given 5 days to respond to his letter. I kinda just want to ignore the letter he sent me but then again I don't since it was USPS register letter. I have the receipt of the airbags that were bought but from my understanding used car sales are AS IS sales in CA.

    my question is this...what should I do next besides reply to her letter? I was thinking of sending her proof (receipt) that I did buy the airbags for the car...

    can you guys please glide on the best way to solve this matter in hand.

    thanks,

    Ed
  • 12-22-2011, 09:42 AM
    bati
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    -morning bump-

    any advice would be helpful.

    Thank you in advance!
  • 12-25-2011, 08:53 PM
    Who'sThatGuy
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    It sounds to me that the buyer is laying his ground for a lawsuit.

    Did you make aware to your buyer that your vehicle that you sold them had a brandished title history?

    In the state of California, a seller of a vehicle (dealer or individual) legally must disclose that the vehicle being sold has a salvage or brandished title history. The seller could be held criminally if they fail to notify the buyer of a brandished title.

    It's great if you told the buyer about the salvage title, but if you didn't make the buyer aware of the salvage title, you may just want to pay for the repairs that the vehicle needs, except your loss and learn from your mistake. Otherwise, if he sues, you will be out the money for the repair, plus court cost, fines and a criminal record.
  • 12-26-2011, 08:35 AM
    Mr. Knowitall
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    I don't know why some people have such difficulty following the instruction not to reply to their own first post.

    Bumping doesn't make your post more obvious - in a busy forum, it buries it.

    What does your bill of sale say about the condition of the vehicle and title, it's being sold "as is", known or disclosed defects, etc.? (Please don't tell me that you're selling salvaged, partially repaired vehicles without putting anything in writing....)
  • 12-26-2011, 11:26 AM
    bati
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    Quote:

    Quoting Who'sThatGuy
    View Post

    Did you make aware to your buyer that your vehicle that you sold them had a brandished title history?

    I did make the buyer aware that the car he was buying was salvage and on the title itself it said in big red letters Salvage when the buyer

    signed it. i'm not going to post his whole letter here but here is a line that concerns me "you have misrepresented this salvage car car to us and you are

    held by law to disclose everything and it is clear you have not " I told the person the condition of the car and what airbags were not replaced. I have the

    original receipt that I did buy the front two airbags. I honestly think he just wants a new dashboard and wants me to pay for it.
  • 12-26-2011, 11:35 AM
    Mr. Knowitall
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    It sounds like you have created a weak paper trail for yourself, so if he takes you to court you'll have to present your version of events and see which version the court finds more credible.

    When you say, "both the seat and curtain airbags were not replaced ", I know what the curtain airbags are, but there's an ambiguity to "the seat". If the buyer agrees you made that statement and agrees that it was a reference to the passenger seat, your position will be stronger than if the buyer says he does not recall the statement or did not understand that you were referring to the passenger-side airbag.
  • 12-26-2011, 11:54 AM
    bati
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    Quote:

    Quoting Mr. Knowitall
    View Post
    It sounds like you have created a weak paper trail for yourself, so if he takes you to court you'll have to present your version of events and see which version the court finds more credible.

    When you say, "both the seat and curtain airbags were not replaced ", I know what the curtain airbags are, but there's an ambiguity to "the seat". If the buyer agrees you made that statement and agrees that it was a reference to the passenger seat, your position will be stronger than if the buyer says he does not recall the statement or did not understand that you were referring to the passenger-side airbag.

    In the letter I got from the buyer he acknowledges that I did tell him about the seat and curtain airbags. The bill of sale that buyer signed was this one

    http://dmv.ca.gov/forms/reg/reg135.pdf and the title of the car. Should I reply to his letter with a copy of purchase receipt of the airbags or just

    straight out ignore him?
  • 12-26-2011, 12:34 PM
    Mr. Knowitall
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    We can provide you with information; what you do with the information is up to you. You'll need to decide for yourself what you should do next.
  • 12-26-2011, 12:43 PM
    bati
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    I'm leaning towards writing him a letter with a copy of the receipt. I know if the buyer doesn't like the content of my letter then he can turn around

    and use my letter against me in court.
  • 12-26-2011, 12:46 PM
    Mr. Knowitall
    Re: Buyer Claims Seller Misrepresneted Car, Salvage Title
    Anything you say or write can, of course, be used in court.

    There's a limited privilege for settlement offers, but I'm not going to promise that you could keep your letter out of court merely by characterizing its content as a settlement offer; further, the judge will see the letter when he rules on whether or not its admissible (although it should not be considered if ruled inadmissible).
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