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  1. #1
    Join Date
    Nov 2010
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    Default Re: Buyer Claims Seller Misrepresneted Car, Salvage Title

    -morning bump-

    any advice would be helpful.

    Thank you in advance!

  2. #2
    Join Date
    Jan 2010
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    New Jersey
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    3,666

    Default 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.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    Default 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....)

  4. #4
    Join Date
    Nov 2010
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    26

    Default Re: Buyer Claims Seller Misrepresneted Car, Salvage Title

    Quote Quoting Who'sThatGuy
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    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.

  5. #5
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    Default 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.

  6. #6
    Join Date
    Nov 2010
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    26

    Default 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?

  7. #7
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    Sep 2005
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    98,846

    Default 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.

  8. #8
    Join Date
    Nov 2010
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    26

    Default 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.

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