I thought that once a car was deemed total, the car must pass an inspection, then the state issues you a new title (it should states it was a salvage car). But I have seen several motorcycles that were wrecked severely and they did not have a salvage title. I personally purchased a motorcycle that had over $7000 worth of damage done to it (clearly it was a totaled bike) and the title did not have a salvage indicator on it, so when I was issued a new title here in Georgia it was clean. When I sold the bike I sold it

 

When the dealer said "he told me that the car was a theft recovery. He told me how it was stolen, and not recovered until AFTER the owner had received his settlement and purchased a new car. So he explained how he purchased it for a great price from the Insurance company, and was now making a little profit. He told me it had NEVER been wrecked! So THERE'S your fraud! The guy is a liar, and committing the equivalent of Lemon Laundering. Unfortunately, I don't have any of these things in writing."

The guy is a lair we all can agree on that.... but Fraud.... might be hard to prove.... His statements are not in writing... Thus I think you MIGHT LOOSE! The contract will control..... remember the clause I asked about before:

"This Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between the parties."

Thus the contract supersedes ALL PREVIOUS....REPRESENTATIONS... BETWEEN THE PARTIES. So you might have a difficult time getting your side of the story into evidence (what the salesman told you). The salesman will likely NOT REMEBER what he said to you about the car, thus your fraud claim is based solely on your testimony (your word against his), thus the judge will have no alternative but to look at the writing, which says sold "ASIS".

The only "lemon" law I know of applies to NEW CARS here in Georgia so I will not comment on the "lemon laundry" theory. I guess that is theory in your state, but I don't think that will help you in Georgia.

The salesman says he brought the car from the insurance company. THIS IS THE SAME GUY WHO TOLD YOU THE CAR WAS NOT WRECKED. Why would you believe him on this area?

If you tell the person buying your car it is wrecked... there should not be an ethical problem. Get it check out by a mechanic. How much did you purchase the car for? Lets say you purchased the car for $27K you should have no problem selling the car for $25K and loosing $2K. You will end up paying more than that $2K for legal costs.

HisforHonda I will apologize for stating you were complaining. You were not. But it seems like most people always feel they are NOT to blame for the problem they get into. It is always someone else

 

Hey no problem Joey. Yes, I know I got myself into this due to my being overeager to jump on what I thought was a good deal. I know this will be a difficult case, which is why I am moving cautiously. I am still debating as to whether I should even bother with the legal system, and may just choose to head for the media. It's a difficult decision, but one I will most likely act on by the end of this week.

Thanks for your opinions.

 

And just in case any of that rhetoric was directed anywhere near me, I was only repeating the advice of one of my lawyers. I do not offer legal advice myself. Not my field.

 

I have seen where cars are "sold" out of state, titled in that new state, then "resold" back to the original state, thus clearing the title.

I have a connection with a reporter on Dateline - NBC. I could try to get in touch...?

 

Hey that would be great! I finally got a chance to speak with one of the Lawyers. It seems he feels it's a 50/50 shot. Hmmmm, decisions decisions.

 

Mine tried repeatedly to call you back but the number says its disconnected. Please call him again and tell him more than one number to call.

 

Well, I know my # is not disconnected, I think he misdialed. The problem is, he never answers, only his voicemail, and it's been full the last 3 days. I don't know how to contact him. I zeroed out, but essentially what they have is "voicemail jail" over there. Could I e-mail you my phone # to give to him?

 

[QUOTE]Originally posted by HisforHonda
[B]Well, I know my # is not disconnected, I think he misdialed. The problem is, he never answers, only his voicemail, and it's been full the last 3 days. I don't know how to contact him. I zeroed out, but essentially what they have is "voicemail jail" over there.

 

Sorry, I have never used PM before. I will check it.