Legal Question in Business Law in California

Re: Automobile law

You may have the ability to sue the dealer and demand your money back (while returning the car), or to receive damages for the diminished value of the car. The dealer may have also broken consumer auto laws.

Re: Automobile law

This is backwards. First you get the carfax or DMV report, then you buy the car. Did you look at the title before buying? Do you have anything in writing on the bill of sale that says the title is clear? Or does it say "as is"? What they "told" you means nothing.

I would wager that you are 18 and this is your first car, because grown-ups usually don't make this type of mistake.

For more information -- the kind of information you should have looked up before buying -- visit the Bureau of Auto Repair used car buying tips site at http://smogcheck.ca.gov/stdPage.asp?Body=/GenInfo/Publications/Used_Car_Guide-Jan_1996.htm

Re: Automobile law

If you bought 'as is', you probably have no claim. If you have anything to prove you were told clear title, then you have a claim of breach and fraud. You could either rescind and get back your money and return the car, or demand a reduction in price for reduced value. Either way, if you can't resolve it between yourselves, you'll have to sue. If the value is more than small claims level, feel free to contact me if interested in getting legal help. Next time do your proper investigation before buying.

Re: Automobile law

Or, the dealer's use of the term "clear" may simply mean that he is the sole owner and there are no liens on the title. I'm not an expert in this area, but possibly the term "clear title" is perfectly compatible with "salvage title." Or, if it is not, that will be the dealer's argument in court.