Possible legal battle with dealer?
#21
Big Blue Flame!!!
#22
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#23
always check your carproofs people...
#26
Senior Member
#27
Senior Member
#28
Senior Member
As others have said, consulting a lawyer would definitely be in order here, but apart from that, here is my advice. First, if you don't already have them, ask the dealership for copies of all the paperwork on the deal. If they are unwilling to provide copies, hire a lawyer because they will subpoena that information since it is very pertinent to who is responsible. Once you get these records, read through them thoroughly, and see if you did in fact sign off that the title was clear. If there is nothing in the paperwork that says you affirmed that the title was clear, then it should be on them, and once again, get a lawyer. If there is something to that effect, then you are in the wrong, and your options at this point are
1) Hire a lawyer and probably lose
2) Pay the difference they are asking for
3) Turn back in your new truck and take your old one back
or...
4) Negotiate with them to see if you can arrive at a deal that both of you are happy with. If you turn back the truck now, after you have had it for a week, they are going to lose money when they do sell it, because they can no longer sell it as a new vehicle. Also, even with a salvage title, the dealer could still potentially make some money on your trade-in. At $12K that they have into it, it is a losing proposition for them, but you said they are asking you for another $5K, which means they would be into the truck for $7K, and will probably sell it for $10K. If you approach it right, and let them know politely that the title you handed them clearly shows the truck was salvage, rather than it being buried in some legalese 12 pages long that was rushed past you to sign, and that they should have verified all information prior to making you an offer, and perhaps you should have been more forthcoming with the information, but you assumed, since they deal with titles all day, that they would know a salvage title when they saw one, maybe you can offer them an additional $2500, then everybody wins. If they don't accept this, then either they have to go to court and pay lawyers, or take your truck back and re-sell it, now losing out on it as well.
1) Hire a lawyer and probably lose
2) Pay the difference they are asking for
3) Turn back in your new truck and take your old one back
or...
4) Negotiate with them to see if you can arrive at a deal that both of you are happy with. If you turn back the truck now, after you have had it for a week, they are going to lose money when they do sell it, because they can no longer sell it as a new vehicle. Also, even with a salvage title, the dealer could still potentially make some money on your trade-in. At $12K that they have into it, it is a losing proposition for them, but you said they are asking you for another $5K, which means they would be into the truck for $7K, and will probably sell it for $10K. If you approach it right, and let them know politely that the title you handed them clearly shows the truck was salvage, rather than it being buried in some legalese 12 pages long that was rushed past you to sign, and that they should have verified all information prior to making you an offer, and perhaps you should have been more forthcoming with the information, but you assumed, since they deal with titles all day, that they would know a salvage title when they saw one, maybe you can offer them an additional $2500, then everybody wins. If they don't accept this, then either they have to go to court and pay lawyers, or take your truck back and re-sell it, now losing out on it as well.
#29
Senior Member
btw- not every branded vehicle was "totalled". Mine was a theft recovery that the insurance had paid on.
#30
If you turn back the truck now, after you have had it for a week, they are going to lose money when they do sell it, because they can no longer sell it as a new vehicle. Also, even with a salvage title, the dealer could still potentially make some money on your trade-in. .
He traded for a 2013 so its already used. I would turn it back into them and re-group. Used trucks are everywhere. Re-evaluate what the true value is. Is it really a $5000 difference? Or is the dealer inflating that number? Maybe you can negotiate to $2500. Either way, take your time and make a good decision this time.