What are my rights if I was sold a branded title but this was not disclosed to me at purchase?
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What are my rights if I was sold a branded title but this was not disclosed to me at purchase?
I purchased a used car over 2 years ago in IL for $4,500. However it was recently totalled in a car accident. The insurance company reduced the settlement by $527 because they said it had a branded title. I showed them that the title was clean but they had a report that showed it was a GA flood car. Do I have a case against the dealership that sold me the car without informing me that it was a salvaged car?
Asked on November 17, 2010 under General Practice, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I would certainly take the time to make inquiry here as to what went on. Salvaged titles can be made whole again but I do believe that you would have had to be informed in some way as to the problems with the vehicle here. Not giving you the history of the vehicle is considered fraud under the law. As you say they did not so you have a claim against them at the very least. And see if there is anything that you can do about the insurance issue. Did the insurance company know that the vehicle was salvaged as well? I would want to know if they did not say anything to you but took your insurance money based upon a different value. Get help from someone in your area to sort through the mess. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You may have a cause of action. The fact that a car was salvaged is an important, or material fact. The concealment of a material fact in a transaction may be fraud. That might give you the right to sue to recover damages, such as the difference in value between the car, had it not been salvaged, and the car's value given that it is salvaged. However, before taking action, you need to ask yourself if it would be worthwhile. $527 would not be worth retaining an attorney. You could represent yourself pro se, and if you sued in small claims court, the filing, etc. fees should be low (around $25 - $50 dollars). However, it will still take some time and effort on your behalf, and the outcome of a trial is never certain. This may be a time when, as practical matter, the best thing to do is to absorb the loss.
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