I'm I Shafted and Stuck with this Corvette?
04-03-2018, 12:44 AM
#1
Burning Brakes
Thread Starter
I'm I Shafted and Stuck with this Corvette?
On March 27,2015 I purchased a 1 owner 08 Corvette from a out of town Chevy dealership the vette is beautiful with most of the options that I desired in a Corvette " it has Z51 suspension package, 4LT interior, 6SP Auto" with low mileage of 32K. this dealership was the original seller of the car back on March 27,2009. they even gave me a copy of the autocheck vehicle report showing that the Corvette has a CLEAN TITLE with no reason for concern. So i was able to negotiate a price of $29k finance through my credit union I was truly a happy camper so I thought.
Now the problem. I've decided to upgrade to a GS C6 2010-2012 figuring that with the $6k of upgrades I could get between $22K-$25K for my 08 C6 so I ran a Carfax report on my Corvette and I was shock to learn that my Corvette was involved in a auto accident on March 31,2010 and was reclassified by the auto insurance company as a" TOTAL INSURANCE LOSS " in addition the insurance describes my Corvette as having sustained serious structural damage now this Corvette is worth no more than $11K " I got a appraisal from carmax today" how could this lasp of reporting have occured? and shouldn't the dealership have know the accident details about this car because over the past 5 years before selling me this car it was in their shop on several different occasions for various repairs. And finally do I have any recourse. I called the dealership and they referred me to their autocheck vehicle report which still doesn't have any mention of the 3/31/2010 accident. so am i SHAFTED or do i have any recourse here?
Now the problem. I've decided to upgrade to a GS C6 2010-2012 figuring that with the $6k of upgrades I could get between $22K-$25K for my 08 C6 so I ran a Carfax report on my Corvette and I was shock to learn that my Corvette was involved in a auto accident on March 31,2010 and was reclassified by the auto insurance company as a" TOTAL INSURANCE LOSS " in addition the insurance describes my Corvette as having sustained serious structural damage now this Corvette is worth no more than $11K " I got a appraisal from carmax today" how could this lasp of reporting have occured? and shouldn't the dealership have know the accident details about this car because over the past 5 years before selling me this car it was in their shop on several different occasions for various repairs. And finally do I have any recourse. I called the dealership and they referred me to their autocheck vehicle report which still doesn't have any mention of the 3/31/2010 accident. so am i SHAFTED or do i have any recourse here?
04-03-2018, 01:36 AM
#2
What does your title read?????
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
Last edited by Dano523; 04-03-2018 at 01:45 AM.
04-03-2018, 02:02 AM
#3
Burning Brakes
Thread Starter
What does your title read?????
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
04-03-2018, 02:10 AM
#4
If both read clean title, and there is proof that it not a clean title, then you go after the dealer for selling you a car titled as clean, but in reality, a savaged or manufactured titled car isntead.
Again, breach of contract and a easy case to Win in court. Truth is, with proof of such, bank that the dealer will not want to go to court, and will buy back the car for the original price you paid then for in instead.
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JerriVette (04-03-2018)
04-03-2018, 02:12 AM
#5
I worked for a dealer in FL awhile back. We sold a used car with a similar "cloud" on the title. Nothing showed anywhere in all of our paperwork but it popped up when the people we sold it to tried to trade it in. We had to give them a complete refund - 4 years after we originally sold it to them!
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JerriVette (04-03-2018)
04-03-2018, 02:25 AM
#6
Burning Brakes
Thread Starter
so what does the bill of sale and your car title read?
If both read clean title, and there is proof that it not a clean title, then you go after the dealer for selling you a car titled as clean, but in reality, a savaged or manufactured titled car isntead.
Again, breach of contract and a easy case to Win in court. Truth is, with proof of such, bank that the dealer will not want to go to court, and will buy back the car for the original price you paid then for in instead.
If both read clean title, and there is proof that it not a clean title, then you go after the dealer for selling you a car titled as clean, but in reality, a savaged or manufactured titled car isntead.
Again, breach of contract and a easy case to Win in court. Truth is, with proof of such, bank that the dealer will not want to go to court, and will buy back the car for the original price you paid then for in instead.
The following 2 users liked this post by Mlcharlestonsc:
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04-03-2018, 05:35 AM
#8
Burning Brakes
At the time you bought it the dealership gave you a copy of the "clean" autocheck. You accepted it without question, as did they, your credit union and your insurance company. I could be wrong but the dealership is
in the clear and I doubt you have any recourse through them. You might be able to get some "goodwill" compensation but I wouldn't count on it.
in the clear and I doubt you have any recourse through them. You might be able to get some "goodwill" compensation but I wouldn't count on it.
Last edited by ls777z; 04-03-2018 at 05:38 AM.
04-03-2018, 06:37 AM
#9
If the information on carfax or auto check is verified and correct my next step would be to get a lawyer and go after the dealer.
04-03-2018, 07:27 AM
#10
Le Mans Master
Member Since: Feb 2011
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St. Jude Donor '13, '15-'16,'18-'19-'20-'21-'22-'23-'24
I think it would be fairly easy to find where the problem came from as it is a 1 owner car, either the original owner or the dealer. If the insurance company branded it as a total loss in 2010 I don't think that label is going away and pretty sure neither the owner or dealer can manipulate that. The title, did dmv reissue a salvage title back in 2010? If they didn't then the 1st owner presented a clean title to the dealer on trade in or however they got it. There is an outside chance it is a clerical error, I doubt it but double check the vin on all your paperwork to make sure it matches. Even if the dealer got duped, they still have to type in a vin to car fax or auto check and one would think the bad report would show up. I am thinking this is on the dealer and you may have to push but you should get results.
04-03-2018, 07:48 AM
#11
Team Owner
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St. Jude Donor '15
"In honor of jpee"
IMO you are trying to do this on the cheap by coming on here and asking the questions.
There are 50 different states and each one has its own laws---what works or has to be done in FL does not necessarily mean it has to be done in CA, your state.
Get ready to pay out of your pocket for getting a lawyer who will work for YOU, and pursue this. Yes, it's good to go to DMV but really, what stake do they have in this? Answer: none. YOU do.
I know what I think you deserve---full compensation--- but you also did not do your full and complete due diligence. For that, there may be a price for you to pay, and it may be very high. I know this sounds preachy, but as I said, there are 50 states with their own laws. CA is pretty strict so you may come out OK. I wish it to you. Next time, get CarfAx, get Autocheck, get a tech who knows the car to put it up on a lift and go over it, etc. Yes, it's money out of your pocket in advance, but look at what you are potentially liable for now! Then you decide.
Good luck. Really. Come back and tell us how it turns out (and that I was wrong on parts of what I wrote
).
There are 50 different states and each one has its own laws---what works or has to be done in FL does not necessarily mean it has to be done in CA, your state.
Get ready to pay out of your pocket for getting a lawyer who will work for YOU, and pursue this. Yes, it's good to go to DMV but really, what stake do they have in this? Answer: none. YOU do.
I know what I think you deserve---full compensation--- but you also did not do your full and complete due diligence. For that, there may be a price for you to pay, and it may be very high. I know this sounds preachy, but as I said, there are 50 states with their own laws. CA is pretty strict so you may come out OK. I wish it to you. Next time, get CarfAx, get Autocheck, get a tech who knows the car to put it up on a lift and go over it, etc. Yes, it's money out of your pocket in advance, but look at what you are potentially liable for now! Then you decide.
Good luck. Really. Come back and tell us how it turns out (and that I was wrong on parts of what I wrote
).
04-03-2018, 09:15 AM
#12
Safety Car
What does your title read?????
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
Does it read salvage title, rebuilt title, or something else?
Also, what title status does the bill of sale read.
If the title reads savage, or rebuilt title, but was sold as a clean title on the bill of sale, then you can go after the dealer that sold you the car for breach of contract.
If the title and bill of sale reads clean title (not rebuilt title) then give carfax a call to verify that the information they have on vin is correct, and dig deeper into the issue if suspect that the car was not totaled as some point instead. Hence if they show that the car was totaled, then should have the insurance company on file that did total the car, and calling them will yield not only the correct vin, but when the car was totaled as well.
Hence your trying to get to the bottom of if the vin is the correct one, the date of when the car was totaled, since it one less piece of information that your lawyer is going to need. Hence you will be after the dealer, and the dealer will be going after where the got the car from, and why is was still titled as a clean title in the first place.
04-03-2018, 09:20 AM
#13
Safety Car
Unfortunately the other issue becomes was the car sold "As Is" with no implied warranty. If so, then yes as said above, you will not have much legal leg to stand on, unless someone knowingly defrauded you, or outright lied and you can prove that. I think in these cases rather than hiring a lawyer, etc. (which gets very expensive, very quick) the best is sometimes to live and learn, and sell it for its worth, and re-buy. Now if a car was wrecked but properly fixed, then it may not be a big deal with clean title. The longer you drive it, the more it will age and be less noticeable. If it had a salvage title it is tough to sell or trade. People get scared quick, and dealers typically will not take salvage title cars; ask my neighbor. Now the other side is if you get a good enough price to offset the value, then no big deal really, especially if you keep it for years. That alone can show nothing was wrong with the car.
04-03-2018, 09:29 AM
#15
Racer
[QUOTE=gliot1;1596916467]Unfortunately the other issue becomes was the car sold "As Is" with no implied warranty. If so, then yes as said above, you will not have much legal leg to stand on, unless someone knowingly defrauded you, or outright lied and you can prove that. I think in these cases rather than hiring a lawyer, etc. (which gets very expensive, very quick) the best is sometimes to live and learn, and sell it for its worth, and re-buy. Now if a car was wrecked but properly fixed, then it may not be a big deal with clean title. The longer you drive it, the more it will age and be less noticeable. If it had a salvage title it is tough to sell or trade. People get scared quick, and dealers typically will not take salvage title cars; ask my neighbor. Now the other side is if you get a good enough price to offset the value, then no big deal really, especially if you keep it for years. That alone can show nothing was wrong with the car.[/QUOTE
google: dealer disclosure statement>
google: dealer disclosure statement>
04-03-2018, 09:49 AM
#16
Race Director
OP purchased car in good faith based on what dealer presented it as.
Clean titled, never wrecked.
This isn't a game of musical chairs, dealer fraudulently sold buyer a vehicle and now buyer must be made whole.
Seems onus is on where/whoever dealer got the car from fraudulently to recoup their loss.
Whether or not an act of 'fraud' was committed, a felony, or ignorance doesn't matter at this stage. Ignorance isn't an excuse for the law & buyer isn't law enforcement.
Through no fault of their own last buyer's out, period.
Buyer must be made whole.
Before hiring a lawyer perhaps a nice calm sit-down w/ dealer owner to explain dealer's situation may provide immediate resolution/settlement before this has a chance to go public.
Dealer really doesn't have a defense, buyer does.
G/L OP.
I'll put a c note on you having more than enough just cause to pursue & win this without an attorney, totally up to dealer, or lastly, with one.
Which would only cost dealer even more.
Clean titled, never wrecked.
This isn't a game of musical chairs, dealer fraudulently sold buyer a vehicle and now buyer must be made whole.
Seems onus is on where/whoever dealer got the car from fraudulently to recoup their loss.
Whether or not an act of 'fraud' was committed, a felony, or ignorance doesn't matter at this stage. Ignorance isn't an excuse for the law & buyer isn't law enforcement.
Through no fault of their own last buyer's out, period.
Buyer must be made whole.
Before hiring a lawyer perhaps a nice calm sit-down w/ dealer owner to explain dealer's situation may provide immediate resolution/settlement before this has a chance to go public.
Dealer really doesn't have a defense, buyer does.
G/L OP.
I'll put a c note on you having more than enough just cause to pursue & win this without an attorney, totally up to dealer, or lastly, with one.
Which would only cost dealer even more.
04-03-2018, 10:02 AM
#17
Safety Car
Member Since: Aug 2017
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You don't say if the used car dealer was in California, but if so, this may help: from https://www.caconsumeradvocate.com/b...first-its-type
"Posted: October 17, 2011 On Monday October 3rd, Governor Jerry Brown signed a new bill (AB 1215) into law that puts California at the forefront of lemon law progress. The law mandates that both new and used car sellers verify the condition of their used vehicles using a federally run database. If the database uncovers any significant problems in a vehicle’s past, the seller is required to flag it with a red “buyer beware” sticker. No other state currently has a provision like it.
As the Consumers for Auto Reliability and Safety’s president Rosemary Shahan told The New York Times Wheels blog, the law aims to protect and save car buyers’ money by making them aware of potential problems in a vehicle’s history before they purchase the car. The database that will be used to check the cars starting next July, is the National Motor Vehicle Title Information System, adopted in 2008 by Congress and run via the Justice Department. It contains information on vehicles collected and submitted by states, insurance companies, junk yards, and salvage lots. The database is available to everyone for a nominal fee, and utilized by state DMV offices and police departments."
So, if the vette was sold in California, suggest that you spend the nominal fee to find out what the National Motor Vehicle Title Information System has to say. If that system shows that your car was totaled, then chances are good that the dealership is on the hook, at least in my opinion. After all, where does CarFax get its data from?
"Posted: October 17, 2011 On Monday October 3rd, Governor Jerry Brown signed a new bill (AB 1215) into law that puts California at the forefront of lemon law progress. The law mandates that both new and used car sellers verify the condition of their used vehicles using a federally run database. If the database uncovers any significant problems in a vehicle’s past, the seller is required to flag it with a red “buyer beware” sticker. No other state currently has a provision like it.
As the Consumers for Auto Reliability and Safety’s president Rosemary Shahan told The New York Times Wheels blog, the law aims to protect and save car buyers’ money by making them aware of potential problems in a vehicle’s history before they purchase the car. The database that will be used to check the cars starting next July, is the National Motor Vehicle Title Information System, adopted in 2008 by Congress and run via the Justice Department. It contains information on vehicles collected and submitted by states, insurance companies, junk yards, and salvage lots. The database is available to everyone for a nominal fee, and utilized by state DMV offices and police departments."
So, if the vette was sold in California, suggest that you spend the nominal fee to find out what the National Motor Vehicle Title Information System has to say. If that system shows that your car was totaled, then chances are good that the dealership is on the hook, at least in my opinion. After all, where does CarFax get its data from?
04-03-2018, 10:16 AM
#18
This sounds like one of those deals where there are a lot of unknowns, and/or serious communication breakdowns. I would pay an attorney for a one time visit....take all your paperwork and info to them and see where you stand. Yea, might cost you a Ben or two.....but might lead you in the right direction.
04-03-2018, 10:59 AM
#19
Burning Brakes
Google the VIN. A lot of times salvaged cars show up in Google searches from wholesale salvage vendors.
But, you need to get a copy of the title to see how it is branded. If clean then you may need to contact State Farm and/or Carfax to make sure everything was reported correctly.
Or you can crawl under the car and start inspecting. I would assume body panels were replaced and the possibility of the VIN on the front frame rail not matching the dash VIN or missing entirely (if frontal impact). Check or non-OEM body panels, fasteners, bolts, parts, overspray, etc...
But, you need to get a copy of the title to see how it is branded. If clean then you may need to contact State Farm and/or Carfax to make sure everything was reported correctly.
Or you can crawl under the car and start inspecting. I would assume body panels were replaced and the possibility of the VIN on the front frame rail not matching the dash VIN or missing entirely (if frontal impact). Check or non-OEM body panels, fasteners, bolts, parts, overspray, etc...
