Q for Dealer Experts: Am I liable for a car after I trade it in to a dealer.
Mar 31, 2013, 01:20 PM
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Q for Dealer Experts: Am I liable for a car after I trade it in to a dealer.
Hey last year I sold my Evo to a dealer, in which they sold it as well to another customer. Its been about 6-7 months since I sold it. Well I got a call from the dealer saying the car I sold them had fenders that were stolen (because it didn't have a VIN on them) and the engine was not original. Now they are saying they have to buy the car back from the customer, and are going to sue me if I don't buy the car back from them...
I have a Bill of sale from the owner I bought it from that ALL vins match the car with his signature.
I also gave no warranties obviously about anything. Neither did I sign ANY paperwork besides a Bill of sale when I sold it to them.
Any expertise is appreciated.. Cheers.
I have a Bill of sale from the owner I bought it from that ALL vins match the car with his signature.
I also gave no warranties obviously about anything. Neither did I sign ANY paperwork besides a Bill of sale when I sold it to them.
Any expertise is appreciated.. Cheers.
Mar 31, 2013, 01:36 PM
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I don't see how this would hold up in court. Granted I'm not a lawyer and the only classes I took in college related to law was business law, but you sold the car 6-7 months ago. How does anyone know the current owner didn't put on the stolen fenders and switched the motor and is just trying to get out of the car etc? I would just hire a competent lawyer and he will get you off. No way this would hold up in court.
Mar 31, 2013, 01:37 PM
#6
Ha, good luck with all that.
Cars get sold with different engines all the time. If the engine and the fenders were both from the same stolen car, well then you'd have a bit more to be concerned about, but regardless the dealer can't make you buy it back. They are simply getting lawyer threats thrown at them and they are returning the favor.
The flip side to that is law enforcement could investigate it if someone yelled enough, and having a bill of sale from the previous owner saying everything matches is a strike against you. The argument you would prefer to use is that the car is as you received it and you had no knowledge of the parts. If you have written proof that when you received the car it was all original and now after you owned it there were stolen parts... well it doesn't look too good. It looks worse if you have a front end accident reported while you owned it too.
Again that's assuming law enforcement can be bothered, which in a place like Green Bay, they probably won't be.
There isn't anything I am aware of that the dealer can do however that would hold up in court. We've got a beauty that's been sitting on our lot for about 7 years now from a similar scenario. No recourse from the seller, can't resell the car, we are stuck.
Cars get sold with different engines all the time. If the engine and the fenders were both from the same stolen car, well then you'd have a bit more to be concerned about, but regardless the dealer can't make you buy it back. They are simply getting lawyer threats thrown at them and they are returning the favor.
The flip side to that is law enforcement could investigate it if someone yelled enough, and having a bill of sale from the previous owner saying everything matches is a strike against you. The argument you would prefer to use is that the car is as you received it and you had no knowledge of the parts. If you have written proof that when you received the car it was all original and now after you owned it there were stolen parts... well it doesn't look too good. It looks worse if you have a front end accident reported while you owned it too.
Again that's assuming law enforcement can be bothered, which in a place like Green Bay, they probably won't be.
There isn't anything I am aware of that the dealer can do however that would hold up in court. We've got a beauty that's been sitting on our lot for about 7 years now from a similar scenario. No recourse from the seller, can't resell the car, we are stuck.
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Mar 31, 2013, 01:41 PM
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Ha, good luck with all that.
Cars get sold with different engines all the time. If the engine and the fenders were both from the same stolen car, well then you'd have a bit more to be concerned about, but regardless the dealer can't make you buy it back. They are simply getting lawyer threats thrown at them and they are returning the favor.
The flip side to that is law enforcement could investigate it if someone yelled enough, and having a bill of sale from the previous owner saying everything matches is a strike against you. The argument you would prefer to use is that the car is as you received it and you had no knowledge of the parts. If you have written proof that when you received the car it was all original and now after you owned it there were stolen parts... well it doesn't look too good. It looks worse if you have a front end accident reported while you owned it too.
Again that's assuming law enforcement can be bothered, which in a place like Green Bay, they probably won't be.
There isn't anything I am aware of that the dealer can do however that would hold up in court. We've got a beauty that's been sitting on our lot for about 7 years now from a similar scenario. No recourse from the seller, can't resell the car, we are stuck.
Cars get sold with different engines all the time. If the engine and the fenders were both from the same stolen car, well then you'd have a bit more to be concerned about, but regardless the dealer can't make you buy it back. They are simply getting lawyer threats thrown at them and they are returning the favor.
The flip side to that is law enforcement could investigate it if someone yelled enough, and having a bill of sale from the previous owner saying everything matches is a strike against you. The argument you would prefer to use is that the car is as you received it and you had no knowledge of the parts. If you have written proof that when you received the car it was all original and now after you owned it there were stolen parts... well it doesn't look too good. It looks worse if you have a front end accident reported while you owned it too.
Again that's assuming law enforcement can be bothered, which in a place like Green Bay, they probably won't be.
There isn't anything I am aware of that the dealer can do however that would hold up in court. We've got a beauty that's been sitting on our lot for about 7 years now from a similar scenario. No recourse from the seller, can't resell the car, we are stuck.
Mar 31, 2013, 01:42 PM
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Hey last year I sold my Evo to a dealer, in which they sold it as well to another customer. Its been about 6-7 months since I sold it. Well I got a call from the dealer saying the car I sold them had fenders that were stolen (because it didn't have a VIN on them) and the engine was not original. Now they are saying they have to buy the car back from the customer, and are going to sue me if I don't buy the car back from them...
I have a Bill of sale from the owner I bought it from that ALL vins match the car with his signature.
I also gave no warranties obviously about anything. Neither did I sign ANY paperwork besides a Bill of sale when I sold it to them.
Any expertise is appreciated.. Cheers.
I have a Bill of sale from the owner I bought it from that ALL vins match the car with his signature.
I also gave no warranties obviously about anything. Neither did I sign ANY paperwork besides a Bill of sale when I sold it to them.
Any expertise is appreciated.. Cheers.
Mar 31, 2013, 01:52 PM
#10
Being I am in car sales now no its the responsibility of the dealer. Once you give them the title they have to have it free and clear. Once you sign off on it its the dealers problem. Since it has been so long since you owned it, its the responsibility of the new owner.
Mar 31, 2013, 02:04 PM
#11
Nope. Not anything that checks every VIN tag on the car anyway. Vehicle must be safe for travel and all factory emissions and safety items must be functioning.
They can still sell things that don't fit that criteria, like a car without cats etc, but they can not tag it. It has to be sold as title only.
There is no supreme law that says before a dealer buys your car or resells it that they have to inspect every VIN tag or anything like that. Where would you draw the line? Every vehicle must have the seats torn open in case the previous owner was smuggling heroin and forgot a sack?
If there are no VIN tags on the fenders and the VIN on the block is scratched out, exactly how do they know you have joe blows stolen parts?
They can still sell things that don't fit that criteria, like a car without cats etc, but they can not tag it. It has to be sold as title only.
There is no supreme law that says before a dealer buys your car or resells it that they have to inspect every VIN tag or anything like that. Where would you draw the line? Every vehicle must have the seats torn open in case the previous owner was smuggling heroin and forgot a sack?
If there are no VIN tags on the fenders and the VIN on the block is scratched out, exactly how do they know you have joe blows stolen parts?
Arent all dealers required to do a USED Car Inspection before selling a vehicle? As far as im concerned the Engine does NOT have a VIn on it. meaning I think someone scratched it off. The fenders do not have VIN stickers on them so theres no trace of anything to any particular car.
Mar 31, 2013, 02:09 PM
#12
Just realized I misread part of the original post.
So the new owner is pissed that the VIN tags are missing? Guess what, if anything happens to a fender or any other body panel that it needs to be replaced, the VIN tag will be missing. New fenders don't come with VIN tags.
Sounds like the buyer has some regret and looking for a way out. Disregard anything I said about legality before as I thought you said it had VIN tags from a stolen vehicle.
Same still goes for the dealer though, they can pound sand that's about it.
So the new owner is pissed that the VIN tags are missing? Guess what, if anything happens to a fender or any other body panel that it needs to be replaced, the VIN tag will be missing. New fenders don't come with VIN tags.
Sounds like the buyer has some regret and looking for a way out. Disregard anything I said about legality before as I thought you said it had VIN tags from a stolen vehicle.
Same still goes for the dealer though, they can pound sand that's about it.
Mar 31, 2013, 02:28 PM
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Just realized I misread part of the original post.
So the new owner is pissed that the VIN tags are missing? Guess what, if anything happens to a fender or any other body panel that it needs to be replaced, the VIN tag will be missing. New fenders don't come with VIN tags.
Sounds like the buyer has some regret and looking for a way out. Disregard anything I said about legality before as I thought you said it had VIN tags from a stolen vehicle.
Same still goes for the dealer though, they can pound sand that's about it.
So the new owner is pissed that the VIN tags are missing? Guess what, if anything happens to a fender or any other body panel that it needs to be replaced, the VIN tag will be missing. New fenders don't come with VIN tags.
Sounds like the buyer has some regret and looking for a way out. Disregard anything I said about legality before as I thought you said it had VIN tags from a stolen vehicle.
Same still goes for the dealer though, they can pound sand that's about it.
