Need some legal advice...

[BimmerDev]

I recently purchased a 325ci man. and am loving it, although the dealership has called me yesterday with some issues. I traded in a 2000 chevy blazer and put it as my down payment when i purcahsed my bmw. Aparently now, a month and half later when the dealer tried to sell my car he said that it had a salvage title and he lost 2,000 dollars on it. He is telling me that i have to pay him 2,000 dollars now basically since he lost money on it. I never knew my old car had such a title, so thats why I never told him when I turned it in. Although i figured everything checked out fine since I gave him my vin and car info. long in advance as he requested so he could check it out to tell me how much he could offer for it. I guess my question is, do i legally owe him the money? Can he sue me if I choose not to pay him since I didnt know about the salvage title? Any advice?

Thanks in advance

[PhEaR]

He probably can sue you for it. But i think it is his responsbility to check the title before he takes it from you. Good luck, dealers have enough money for high priced lawyers.

[Ridgeway]

seems like the dealers fault for not checking beforehand...
asking for more $ 6 weeks later?

they are probally atm just seeing if you are either 1) gullible or 2) willing to cave in easily

pay them nothing imo- their mistake

[dcardenas]

Their mistake. Laugh audibly the next time they call and hang up.

[TheRide]

you did not know so its their lost.

[FierySphere]

Right, and if you found that the 'vert was a salvage, they'd give your money right back.
Sometimes lawyers can be worth the money.

[iwannadinanm3]

He probably can sue you for it. But i think it is his responsbility to check the title before he takes it from you. Good luck, dealers have enough money for high priced lawyers.

nice assumption :rolleyes


the dealer's sol, i assume he found out it had a clean TX title, but salvage history by running a carfax? I don't think there's anything he could really do

Dealers have to be cautious, there's a ton of people who go around pulling these types of things on car dealers ripping them off.

[BimmerDev]

I think I will try dcardenas's idea and "Laugh audibly the next time they call and hang up.". I just hope I don't get sued by BMW North Scottsdale.

[BimmerDev]

yeah iwannadinanm3, your right. That is what he told me when he called that the title was clean in TX but wasnt in some other state. I agree with all you guys, its his fault for not checking. I just hope they dont whoop out their high priced lawyers on me. I doubt it, mainly cause after all the fees they pay the lawyer they really make anything in the end.

[dcardenas]

yeah iwannadinanm3, your right. That is what he told me when he called that the title was clean in TX but wasnt in some other state. I agree with all you guys, its his fault for not checking. I just hope they dont whoop out their high priced lawyers on me. I doubt it, mainly cause after all the fees they pay the lawyer they really make anything in the end.

They'll lose money. A lot of it.

[tkavan01]

unless you knowingly sold them the car (which you didn't) then how is it your fault they didn't run carfax on it first? like the other poster said, if you found out your car was salvage, would they hand you your money back...

lhave tape recorder ready when they call next time and record you laughing, post it here

[CStricker]

Like what everyone said... just laugh at his naivete.

[surfinsd]

Alot of it depends on state law, I know in CA it is buyer beware, but it might be different in a place like TX, best to check the library or just call the DMV and ask them.

[Minimaul]

Is it the same guy you've delt with when you got your car, that's calling? I bet he got in trouble or something to that effect and he's personnaly ticked-off at you. I doubt they can really do anything about it since they checked it themselves. Just my thoughts.

[JizJizJiz]

Haha are you kidding?

Salvage title or not, there is no legal responsibility to disclose the title...especially since he didn't ask. I believe there is a type of title that prohibits you from selling the car, and thus would make the sale illegal - but it sure as hell isn't "Salvage." If he did ask and you confidently told him it was clear, it still wouldn't have been a legal case...at worst, you were being an asshole customer.

What the rest said is correct - laugh at this idiot next time.

[JizJizJiz]

They'll lose money. A lot of it.

Yup. They should know enough about this to realize that this isn't even a case.

Likely, just like someone said, he's just pissed at you and was hoping that you were extremely easy.

[PHARO]

theres nothing they can do, its there fault. Call a lawyer and ask them.

[Dwayne]

I believe there is a type of title that prohibits you from selling the car, and thus would make the sale illegal - but it sure as hell isn't "Salvage." I forget the exact name of it, but it's something similar to being sold with a "certificate of destruction". I don't the vehicle can be registered to use on the road anymore though. I know it happens with bikes sometimes, and you can use the bike as a track bike, not sure if cars apply, too. I might be way off here though.

[Seeker]

:rofl

I wouldn't sweat it man.

6 weeks later! :confused

You don't owe them squat. Most likely the commision for that dealer was hit pretty hard for his ignorance on not doing a proper carfax on your trade in and now he's playing a game with you that is only personal, NOT the dealership.

If this were an actual case, you would have received a letter direct from the dealerships attorney. Not some lame call from a salesman.

I would have to say any judge that heard this would probably laugh the dealer/dealership out of court. Might even make the judges day. :)


I would be professional on the phone with them though. Just calmly refuse the payout to them, saying you were unaware of it and it's their responsibility to check out the title correctly. THEN MAKE IT CLEAR that ANY further contact from him/them in regards to this issue will be considered harrassment and dealt with accordingly.

It's not like you signed some piece of paper saying that you are indefinately responsible for the title status when you traded it in, was there? :confused

[BimmerDev]

Yeah you guys are right, its his responsibility to check out everything. I'll take Seekers advice and just be professional on the phone and let him know that its his responsibility. Anyway he did make money on the bmw he sold me, so he shouldnt be bitching so much. We'll see what happens, i'll keep you guys posted. Thanks for all your opinions/posts.

[Bobertsr]

You should get your sales contract out and read the fine print carefully! I'll bet this isn't the first time that this has happened to them and they probably have a CYA clause in the contract. They've bought/traded/sold a lot more vehicles than you have. Experience (and money and lawyers!) is on their side.

[johnjack11]

I doubt they have a leg to stand on, you could always tell him you felt you were lowballed on the trade, and in fact now that you think of it he owes you $2000..

Do not even take his call or call him back, they will have to suck this one up. They should have done their research.

Jack

[Itsablurr]

The suggestion for going over your sales contract copy is a good idea... ANY documentation you have pertaining to the trade-in/purchase of your cars should be gone over with a fine-toothed comb- looking for any loopholes or clauses. Then, you'll have a better idea of what position you are in with this.

FWIW, right off the bat, I'd say that the dealership is going after gullibility- seeing if you'll bite, and doesn't really have much to stand on.

[trogdor]

"Um, yeah. That car I bought off you for X. Well, I couldn't turn around and sell it for more than X. So you owe me the difference."

LMAO!

But be nice on the phone. Document any conversations you have with them. And write up your account of the sales transaction. Should this ever go to court, you'd be amazed what a little documentation can do for you.

[RotaryBzzz]

I would also add: limit what you say and how you talk to them over the phone. If they want to pursue the matter, be vague in your answers and tell them you want everything in writing. No phonework. You will not correspond with them over the phone.

You don't want to say something that can be construed as admiting to anything fraudulent.

But it might already be too late.

[Heckler&Koch]

You can't hardly get a few letters from a lawyer for a few grand. Tell him that it doesnt have a salvage title, and to quit contacting you, and he'll back off.