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What Damages Can You Get if You're Sold a Defective Used Vehicle

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  • 12-27-2017, 12:52 PM
    rangergts
    What Damages Can You Get if You're Sold a Defective Used Vehicle
    My question involves a consumer law issue in the State of: Washington King County.

    I bought a used service truck from AAA Washington. I was told it wouldn't start because the batteries were dead. After I took delivery of the truck I find an electronic control module missing off the truck. I contact them and find out they sold it to someone else who gave it back and they apparently stole the part off of it. AAA basically just told me tough shit.

    So when I finally got the title for it, it was reportedly lost for awhile, turns out it's in the person's name they originally sold out to. So before I spent money on it I wanted to make sure there were no title transfer issues. Not receiving a bill of sale, as I suspected, I could not transfer title until I could show bills of sale from the name on the title to AAA to me. I let AAA know what I needed and gave them two weeks. I explained exactly what I needed twice and they never provided it so I towed the truck back to their fleet shop and gave the title and keys to someone at the front desk. I told them I would give them two weeks to issue a refund.

    I have gotten zero responses from them since and it's been nearly a month. So I'm going to file a small claim against them. I paid $2,500 for the truck. But I have time and money into hauling the truck home and to their shop. I'm also going to have to take time off work to fight this in court.

    So my question is can I include costs for my time and fuel to haul the truck and lost wages for time off to go to court in the amount for damages? Or can I only claim the actual purchase price of the truck?
  • 12-27-2017, 03:30 PM
    adjusterjack
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    Quote:

    Quoting rangergts
    View Post

    So my question is can I include costs for my time and fuel to haul the truck and lost wages for time off to go to court in the amount for damages?

    Nope.

    Quote:

    Quoting rangergts
    View Post

    Or can I only claim the actual purchase price of the truck?

    That plus your filing fee and process service fee.

    That's it.

    And you probably aren't going to win a refund for the purchase price of the truck.

    Two reasons:

    1 - Sales of used vehicles are AS IS. I'm guessing you didn't get a warranty so it was up to you to thoroughly inspect the vehicle (you could have brought a battery to test it out before buying).

    2 - WA allows you to post a bond to get a title. Contract law requires the aggrieved party to mitigate damages so you would first have to get the bonded title and then your cost for the bond would be all you could sue for if you got the title.

    http://www.dol.wa.gov/forms/420008.pdf
  • 12-27-2017, 04:54 PM
    rangergts
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    Except they can't misrepresent the condition of it can they? And they don't even have documentation showing they have the authority to sell it. Or does none of that matter?

    The real shit thing about this whole thing is its, was, my best friend that took advantage of our friendship on this thing over a $250 part but now seems to be prepared to spend much more than that sending people to court to fight this. Not that that matters for the case, but just makes the situation that much worse.
  • 12-27-2017, 05:21 PM
    adjusterjack
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    Quote:

    Quoting rangergts
    View Post
    Except they can't misrepresent the condition of it can they? And they don't even have documentation showing they have the authority to sell it. Or does none of that matter?

    Not really.

    What evidence do you have (not just speculation) that anybody intentionally misrepresented anything? You were told that the car didn't start. Someone gave you an opinion that it was the battery. How many people at AAA handled the car and the transaction? How many were mechanics? How many were even in a position to make any definitive statements about the condition of the car?

    As for the title, well, you accepted the car without title in hand. You may have thought you had good reason to do that but it's DANGEROUS and (no offense) people who do that are all over these legal websites crying about the consequences of their error.

    The time to be concerned about misrepresentations and title is BEFORE you hand over the money. That's when you have control over the situation. After you buy, the "might have beens" mean nothing and your remedy is a lawsuit, after you've mitigated your damages. In states where there is no title bond available your remedy is rescission and refund if good title is not forthcoming. In WA, mitigation involves getting the bond, getting title, and suing for the cost of the bond.

    You are welcome to sue for a refund based on an alleged misrepresentation on the remote chance that a judge agrees with you. But the burden of proof is so much higher than "Bad title, I had to buy a title bond, here's the receipt."

    Quote:

    Quoting rangergts
    View Post

    The real shit thing about this whole thing is its, was, my best friend that took advantage of our friendship on this thing over a $250 part but now seems to be prepared to spend much more than that sending people to court to fight this. Not that that matters for the case, but just makes the situation that much worse.

    That a friend was involved doesn't eliminate the need for due diligence. Only takes once to learn that.
  • 12-27-2017, 06:55 PM
    rangergts
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    Well I have an email where he states it's just dead batteries. This was from one fleet manager. I have verbal from another fleet manager that he had driven the truck prior to it going away the first time. I also have precedence of them taking the truck back from a sale prior to mine. I was told the title was at the lot where I picked it up. Then that they couldn't find it. I used to work there and my ex-best friend is one of the fleet managers so having prior experience with them I took them at their word. I know that's shame on me. I would have handled it completely different if it was a stranger. But these were people I thought I knew. Not that that helps the case.
  • 12-27-2017, 10:11 PM
    adjusterjack
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    Quote:

    Quoting rangergts
    View Post
    Well I have an email where he states it's just dead batteries. This was from one fleet manager.

    Fleet Manager: Your Honor, I thought it was just a dead battery. I didn't check any further.

    Quote:

    Quoting rangergts
    View Post
    I have verbal from another fleet manager that he had driven the truck prior to it going away the first time.

    Another Fleet Manager: Your Honor, it was fine when I drove it way back then. I don't know what happened to it after that.

    Quote:

    Quoting rangergts
    View Post
    I also have precedence of them taking the truck back from a sale prior to mine.

    Fleet Manager: The buyer brought it back and dropped it off. We didn't check anything after that. Just put it back up for sale.

    Quote:

    Quoting rangergts
    View Post
    I was told the title was at the lot where I picked it up. Then that they couldn't find it.

    That's true, Your Honor. But Mr Rangergts bought the truck without the title and we still can't find it. We are perfectly willing to reimburse him for the cost of a title bond.

    Quote:

    Quoting rangergts
    View Post
    I used to work there and my ex-best friend is one of the fleet managers so having prior experience with them I took them at their word. I know that's shame on me. I would have handled it completely different if it was a stranger. But these were people I thought I knew. Not that that helps the case.

    It doesn't. But that's the life lesson that everybody has to learn once. When it comes to buying a vehicle, heck, when it comes to buying anything, trust no one. Not even your friends or your family.
  • 12-29-2017, 09:20 AM
    rangergts
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    One of the fleet managers, My ex-friend, did tell me after the fact that the previous buyer returned it claiming it had a blown motor. So they did know there was something up with it. Yet said it was just a dead battery. I guess we'll have to see where it goes. I have an email into the CEO, whom I've got a bit of an in with being he featured me in their magazine for going above and beyond a month after I started and I got some one on one time with him. Just giving him until after the holidays to respond.
  • 12-29-2017, 09:36 AM
    adjusterjack
    Re: Bought Truck from Aaa, Trying to Return Due to Missing Parts and Title Issues
    I hope that works out for you.
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