need legal help!!!! (long post)

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need legal help!!!! (long post)

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need legal help!!!! (long post) - 8/30/2007 6:31:55 PM

importkiller

Posts: 7254
Status: offline

After bringing the new baby home last week we realized that two car seats in the back of the h3 leaves no room for anyone or anything else, so I decided to trade in my Dodge Ram for something bigger. I go to the first dealer and they will not accept my trade...umm....ok. I go to another big franchised dealership and they refuse my trade also because carfax is showing it has a hystory of a salvaged title...>WHAT!!!!!! The truck was originally titled in Maryland, I am the second owner and I bought it from a dealership in Delaware, and was given the maryland title when I bought it. I was told the title was clean and never signed any sort of disclosure saying that the truck was in a wreck and had a salvage title....in fact I was told that carfax made a mistake and that the truck was never totaled or in a major accident. I called maryland DMV before I bought it and the woman was only able to tell me that the truck had a clean and clear title...all sounded good so I bought it...now I find out that it did indeed have a salvaged title that was somehow cleaned, but still has the salvage in it's history. Now the dealer won't return my phone calls and I cannot trade or sell the truck to anyone. I know here in NJ the law states that if the vehicle had more than $1000 in damage from an accident that the dealer by law has to inform you of this and you must sign a document saying that you have been informed of past significant accident damage, same goes for any car sold with any history of salvage or flood damage, buyer must be told and must sign a document saying that they were away of the vehicles history. Now I was never informed of any of this, which of course means that I never signed any type of document. The only thing we signed was something hand written from the delaership saying they guarentee the truck has a clean title....which I guess it does but he still committed fraud by not disclsing the vehicles history to me......at least if he were in NJ. I have a call in to a lawyer that I found online (don't know if he is any good or not) and also a call into the Delaware Attorney General's office, I was told to call them by the NJ Fraud investigators.

Does anyone here know Delaware law? IS it the same as NJ? The NJ fraud guy I talked to thinks it is the same law but is not 100% SURE.

Thans for any help!!!

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RE: need legal help!!!! (long post) - 8/30/2007 6:47:14 PM

shortbus

Posts: 3602
Joined: 6/27/2005
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i would assume it's the same when it comes to fraud, it's probably a part of some federal statute. but, you know what happens when you ASSUME anything, makes an ASS - out of U and ME. still, this seems to be fraud across state lines, if the original title was in Maryland, and it was sold in Delaware. that could make it a federal issue (kinda like transporting pit bulls from TN to fight in VA). have you asked the dealers locally to provide you with whatever they had showing a salvage title? that would be something to have in your pocket when you start digging in deeper. and whatever you do, put everything in writing. who you talked to, when you talked to them, all your paperwork, everything whether you think it's important or not. i'm certainly no lawyer, but i've found that sending certified mail to all parties involved gets far more progress than just making phone calls. it doesn't help with the car seat issue now, but it will certainly help in the long run. and copy everyone on your letters. whatever you send to the dealer you bought the truck from, send a copy to the state's AG, as well as the NJ AG. mention fraud and it will get their attention. you've got funky inspections on the east coast, stupid $hit like making sure all the lights work, find the place that inspected the vehicle last and get them involved. if it passed an inspection after being a salvage vehicle, ask how. it may take some time, but when it's in writing people pay attention. a simple letter to a painter, with a copy to the contractors licensing board, got my house repainted until i was happy and it didn't bubble when wet (some things just shouldn't bubble when wet, as for the other things, i have no complaints . . . . .

(in reply to importkiller)

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RE: need legal help!!!! (long post) - 8/30/2007 7:13:21 PM

importkiller

Posts: 7254
Status: offline

Thanks shorty, I'm keeping a log of every phone call I make. My sister in law is a paralegal for citi corp. and she is writing a letter to send to the original dealer stating what the problem is and what resolution I am looking for...I was told by a secretary in a Delaware law firm that that must happen first in any legal action in the state of delaware. I'm hoping ot get this letter out tomorrow, next day certified with receipt confirmation. As far as the inspection...it was sold to me with no inspection sticker in the truck window...which I found out today is illegal in most states...again I am not sure about Delaware. I do know that the dealership was selling this vehicle on consignment for a friend but it does not say that on any of my paperwork....my paper work states that i am buying it from the dealership so I assume they are responsible.

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RE: need legal help!!!! (long post) - 8/30/2007 7:21:19 PM

shortbus

Posts: 3602
Joined: 6/27/2005
Status: offline

the log is definitely helpful, but the letters are crucial. i say burn 'em for all you can, but don't expect much. i've been away from the east for too long, but here in CA it's not legal to sell a vehicle without it being able to pass a smog test (our only annual inspection) or it must be old enough to not require one. if i sold a car that didn't pass smog for the new owner, or provide a recent test result (20 days or less), i have to take it back and give their money back. it sounds like you've got a lot on your side, but based on our legal system it is going to take time and effort. make sure you keep any receipts for legal services, as you should be able to get those back from the dealer that screwed you. the best outcome would be that the dealer you bought your truck from takes it back and gives you a complete refund. unless you incur legal fees to achieve that result, asking for "time and suffering" will only drag things out. good luck bro . . . (holy FU&K i can't believe we've gone this far - do you put out on the first date?)

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RE: need legal help!!!! (long post) - 8/30/2007 7:23:21 PM

blackstangs281

Posts: 6826
Joined: 11/13/2005
From: Pittsburgh PA
Status: offline

I would help you out, but I got no frelling clue!

Hope you get it fixed

Still looking at an H2?

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RE: need legal help!!!! (long post) - 8/30/2007 7:27:14 PM

importkiller

Posts: 7254
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remember what I told you in the pm about 8 weeks?..sooooo...HELLS YES I'll put out on the first date

I also contacted the local TV station and newspaper, they are interested in doing a story on dealer fraud in their town...they will call him tomorrow to let him know that they are going to run a story about his dealership selling salvaged cars to the public without informing them...that should get his attention

I'm hoping that by them contacting him tomorrow, and the AG contacting him tomorrow and my lawyer contacing him tomorrow that he will feel a little overwhelmed by it all and realize that giving a refund is the best thing for his dealership's future...I HOPE

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RE: need legal help!!!! (long post) - 8/30/2007 7:29:13 PM

importkiller

Posts: 7254
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quote:

ORIGINAL: blackstangs281

I would help you out, but I got no frelling clue!

Hope you get it fixed Still looking at an H2?

no...h2 will have to come when I can trade in the h3..too soon to do it now, I'll take a huge penalty this early

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RE: need legal help!!!! (long post) - 8/31/2007 4:31:39 AM

ockie

Posts: 463
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You can always call a lawyer in that state who will give you free advice?

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RE: need legal help!!!! (long post) - 8/31/2007 8:17:37 AM

importkiller

Posts: 7254
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I've been looking and calling for two days....no luck yet

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RE: need legal help!!!! (long post) - 8/31/2007 8:39:12 AM

Doc Olds

Posts: 3805
Joined: 7/11/2007
From: Boat Town USA (Michigan 48045)
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Mike: Take the Dodge to a reputable local auto appraiser..........the kind that can do an insurance appraisal for a classic/exotic/sports car. I don't know what they charge in your neck of the woods, but it is no biggy here. You will need to establish the fair market value with a clean title v. salvage title. If you start by telling the appraiser your current plight, you will no doubt pay more because he/she will be expecting to become a witness=aggravation. So mums the word when you set it up, unless you can find an appraiser thru a friend by referral.

This is one piece of documentation you will need if you bring suit against the dealership.

I don't have your paper trail, is it possible the dealer was duped b4 he sold it to you??? Have you done a title history search? Not a carfax, a complete title history from Maryland. You'll need that too! Some states you can order it online with a credit card.

If the dealer is in Delaware, you'll need an atty there, it will be expensive because you're out state

This is your homework assignment. I'll be talking to ya.

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RE: need legal help!!!! (long post) - 8/31/2007 9:15:00 AM

importkiller

Posts: 7254
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doc, I have done a complete title search with the Maryland dmv...they are sending it to me for free....basically what I was told was that the truck was totalled in 201 when it hit a lightpole head on. It had something like 5000 miles on it at the time and was salvaged then sold back to the original owner for $3000. I bought it from the original owner, even though I bought it from a dealership. I have been on the phone with more law firms than I can remember in DE and they all tell me to call the Delaware AG office...which I have 5 times...and noone ever calls me back

From what I have learned it doesn't matter if the dealer didn't know of the previous history, as a licenced dealer it is his job to find out the title history on all vehicles he sells and disclose this history to his customers. I have also done the appraisal thing, one of the big franchised dealerships had an appraser come out and tell them what the truck was worth. With clean title history they appraised it at $12,500..with salvaged title they appraised it at $3000. I owe $9000 so that ain't gonna work

I guess I just have to wait to hear from the attorney general in Delaware....because I have made over 30 phone calls to lawyers in DE and no one handles cases like this. BTW..if you know someone in Delaware that needs a divorce attorney...I can hook em up

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RE: need legal help!!!! (long post) - 8/31/2007 9:54:55 AM

Doc Olds

Posts: 3805
Joined: 7/11/2007
From: Boat Town USA (Michigan 48045)
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The market option is to sell it, disclosing the title to somebody that wants a nice truck to drive til it dies for what you owe and get out. Yeah, that is not gonna be easy!

The reality of your problem (rock and a hard place) is the $9,500.00 difference is big $$$ when it's yours or mine, but to an atty it's a small case w/o a big paycheck. Hourly, you'd eat up your whole problem paying the law firm.

Contingency; there is not much of a pie to take a piece of?

Unless

, Deleware has a strong Consumer Protection Act where attorney fees can be awarded for violations, in addition to your recovery??? IDK Delaware law. Dude, I do not know a single person in Delaware??? If I did, I'd have already called them for ya.

Do we know any LEOs that work auto fraud??? That might be an angle in to the local fraud/consumer fraud division of their Prosecuter's office??

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RE: need legal help!!!! (long post) - 8/31/2007 10:38:23 AM

importkiller

Posts: 7254
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Well, Delaware Attorney Generals office has a consumer fraud department with both investigators and lawyers and it is completely free so I am going to try that route first and see if it pans out.

thanks for the help bro.

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RE: need legal help!!!! (long post) - 8/31/2007 11:26:44 AM

ockie

Posts: 463
Joined: 7/27/2007
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quote:

ORIGINAL: Doc Olds

The market option is to sell it, disclosing the title to somebody that wants a nice truck to drive til it dies for what you owe and get out. Yeah, that is not gonna be easy!

The reality of your problem (rock and a hard place) is the $9,500.00 difference is big $$$ when it's yours or mine, but to an atty it's a small case w/o a big paycheck. Hourly, you'd eat up your whole problem paying the law firm. Contingency; there is not much of a pie to take a piece of? Unless, Deleware has a strong Consumer Protection Act where attorney fees can be awarded for violations, in addition to your recovery??? IDK Delaware law. Dude, I do not know a single person in Delaware??? If I did, I'd have already called them for ya.

Do we know any LEOs that work auto fraud??? That might be an angle in to the local fraud/consumer fraud division of their Prosecuter's office??

Well if he can sue he can sue not only for his full refund of his truck or a buy back, but he can also sue to cover his legal expenses.

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Post #: 14

RE: need legal help!!!! (long post) - 8/31/2007 12:13:33 PM

Doc Olds

Posts: 3805
Joined: 7/11/2007
From: Boat Town USA (Michigan 48045)
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Brau: That's my department

You can ask for the moon, but reality check is in order. YOU ONLY RECOVER ATTORNEYS FEES WHEN A STATUTE SPECIFICALLY PROVIDES FOR THEM. Not just because you hired an attorney. The SYSTEM considers attorney fees a cost of doing business, everybody pays there own way. Trust me.

(in reply to ockie)

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