If you're unknowingly sold a salvaged vehicle are you entitled to a full refund?

Question

I got a 2004 Saturn Ion Coupe last week, I'd been wanting one for awhile. But, I was broke from repairs on my other car so I couldn't afford a carfax.com report, but I honestly thought I didn't need it on a newer car.

Yes, I regret that now!

They were VERY flexible (no trade, $500 down) and let me wait until after the Thanksgiving break to get insurance. Well, yesterday my insurance agent found a wreck from 12/2005. He said that possibly makes it a salvage vehicle, but he insisted he doubts it.

He called the dealer and they denied it but said they're still waiting on the title. Last week they insisted it hadn't even been in an accident! Now they're offering to let me select another vehicle from their lot but I want an Ion.

So, am I entitled to a full refund (or at least some kind of discount if it's just wrecked)? Can I take my financing elsewhere, even though I applied for the loan through them? I'm not stuck, am I?

Anyone mind running a carfax report? :-)

I wanted to mention that I insisted on a warranty so they gave me what they called a 3 year/36000 mile "bumper-to-bumper" warranty.

However, on the contract it says "certain mechanical failures," but they insist that's everything except the tires and brake pads.

However, I've looked over the contract and found under "Sale" that: "... The Vehicle is sold in its present condition, together with the usual accessories and attachments."

Does that imply "as is?" They don't disclose that it's a salvage or wrecked vehicle anywhere, and they denied it when I asked.

Also, doesn't the full coverage insurance requirement imply that the vehicle is insurable? My insurance agent said that no one will insure a salvaged vehicle.

Doesn't that stipulation imply that they are selling a vehicle that isn't salvaged?

By the way, I'm in Texas. I'm trying to figure out what to do but my insurance agent said to wait until they call me about the title, but to start looking.

OK, they called me about an hour ago claiming my payments had decreased, by $4 measly dollars. So, I said, "It will have to drop substantially more than that if it's been wrecked." So, they said, "We're not going to leave you in a wrecked vehicle, we're going to get you a new car."

And they said it'll be an Ion, same color if I want!

I didn't mention it then but I do also insist that it has leather interior and a sunroof, since that's a significant part of the package that attracted me to the current car. I also wouldn't mind a later model, for my, um, suffering, but I'll be ok with an '04. :-)

Nothing's on paper yet so I'm waiting until I actually have the new set of keys in my hands to relax.

However, if it isn't salvaged, I may try to keep it (if that truly doesn't effect the value) and talk them down on the price. Way down. :-)

Most likely though I'll opt for a new one. Hopefully it won't take too long for them to replace it. Thanks everyone for responding.

Answer 1

If a dealer sold you the car with the Buyer's Guide sticker marked "As-Is / No Warranty" and a notation on that form that the car was a salvage vehicle, you're out of luck.

If they offered a warranty of any kind, and did not disclose that the vehicle had sustained $1000 damage or more, you are entitled to a lot more than just a full refund. That constitutes fraud, and most courts base their punitive damages on the value of the car. It's not unusual to see punitive damages at five or ten times the value of the car.

If this is a legitimate dealership, they may have really not known that the car had been in a wreck, and you may just want them to go find you another Ion. However, they should not have sold you the car before they had the title in hand.

If the title is marked "salvage", the car is worthless. You can drive it til it dies, but you'll never be able to sell it for any reasonable amount of money.

I'd tell the dealership to locate me another Ion (they may have to go buy a newer one just to get one for you).

You have a lot of options here. Your best bet is to sit down with the car dealer (not a salesman or manager, but the owner) and your insurance agent. Listen to what he has to offer. Don't give up too much too fast.

Answer 2

I hesitate to answer with any real legal advice, so I'll just offer an opinion.

A wreck doesn't constitute a salvage of course, it's possible but you really need to check with the Texas Dept Of Motor vehicles and see what's on their records.

Second I'd check with the states attorney generals office and see what if any laws apply to your situation.

Even if you weren't willing to pay for a car fax report, you should have asked the dealership to supply one for you, but as the other person mentioned, these are only as good as the info that's provided.

For a list of complaints on car fax see the link below from consumeraffairs.com.

Jerry
http://www.usedcarwise.com

ps: Your vehicle may also be included in a class action lawsuit against state farm for not accurately reporting salvaged titles.

Answer 3

If you had decided not to make the journey, then you would have been entitled to a full refund. However, as you actually made the journey, you are entitled to some compensation, usually in the form of vouchers, as the train was more than 1 hour late. The question about the railworks is this: were the railworks planned, if so, then they would have appeared on the ticket seller's RJIS system and they would have had the information to advise you. They may have been negligent in not so advising you. On the other hand, the railworks may have been as a result of something going wrong that day, and as such, the ticket seller would not have been in a position to advise you.

Answer 4

I sold cars for 3 years. If the title says salvaged on it and they did not tell you that prior to purchase, yes you are entitled to a full refund. If I were you return the car and walk away. Sounds shady and probably is. I would do everything in my power to get rid of that vehicle without screwing yourself. Depending on the state in which you live you also have a grace period of returning any vehicle you buy, even though it may have a used vehicle no warranty sticker.

Answer 5

i own a repair shop,and i wont use car-fax reports because there not that accurate any more,,the only information they have on there reports is what has been put there,and if nothing was entered by any insurance company there wont be any good info on the car,but as for your situation id say they probably will give you another car or a refund,and they might even find you a nice ion,id just talk with them and see,,that's all you can do at this point ,,good luck with it,,i hope this help,s.

Answer 6

If you bought a used car *AS IS* then there is not too much you can do. Check out your state *Lemon Laws* and see what they say. Good Luck.

Answer 7

if there a reputable dealer and they want your business, they will work with you, next time make them show you a carfax. but if its a salvage deal call your state attornies office, they will tell you what to do

Answer 8

u can find out what finance company they use get with them see who else they deal with maybe go to another lot

Answer 9

just accept another car,and this time run a fax on it.