Legal Question in Civil Rights Law in Minnesota

I bought a vehicle by a private seller and was never told that it was a prior salvage. I just got the title and found out. What are my rights?


Asked on 9/17/09, 12:41 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

In the absence of a warranty, or an express representation about the condition of the title, the car was being sold "as is", and you likely have no recourse. The failure of the seller to voluntarily warn you of the title defect is not illegal. In the future, you should use one of the car title search services. Moreover, as a rule, if you are purchasing a car from a private party for more than four or five thousand dollars, I would suggest you prepare a simple agreement confirming the terms of the sale -- the mileage of the vehicle represented by the seller (since this could later turn out to be wrong), the vehicle's condition, whether the title is clear, and any other important terms that are part of the deal. In that instance, if a problem arises, you could have a claim against the seller for breach of contract or damages. This may not guarantee you are able to recover your money, since the seller may have no assets, but at least you will have the ability to make a claim.

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Answered on 9/24/09, 12:38 am


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