If I bought a car 2 years ago but when I tried to trade it in found out that it has a salvage title, what are my rights?

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If I bought a car 2 years ago but when I tried to trade it in found out that it has a salvage title, what are my rights?

The dealership did a car fax on my old car and found that it had a “salvaged title” which no one told me. It is worth nothing and I still owe around $2,000 on it. I’m just wondering if there is some legal recourse for me?

Asked on August 9, 2015 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If, as you indicate, they knew that there was a salvage title (something which materially, or in a significant way, affects value) but knowing that, withheld that information and misrepresented the history of the car, then the dealership likely committed fraud. Fraud provides a basis for recovering monetary compensation, such as the difference in value between what the car would cost with salvage title and what you actually paid for it. The statute of limitations, or time within which you must sue, for fraud in your state is four (4) years, so you are still within time to take legal action. Once option is to sue in small claims court, acting as your own attorney ("pro se") to save on legal costs. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If, as you indicate, they knew that there was a salvage title (something which materially, or in a significant way, affects value) but knowing that, withheld that information and misrepresented the history of the car, then the dealership likely committed fraud. Fraud provides a basis for recovering monetary compensation, such as the difference in value between what the car would cost with salvage title and what you actually paid for it. The statute of limitations, or time within which you must sue, for fraud in your state is four (4) years, so you are still within time to take legal action. Once option is to sue in small claims court, acting as your own attorney ("pro se") to save on legal costs. 


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