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Do I have a right to keep the contract as signed?

Florence, KY |

I traded a Malibu in at a local used car sale for a Mini Cooper on June 9th. They asked if it had been in any accidents, & I said I didn't know anything about the car's history, & then proceeded to give them the registration/VIN so they could Carfax the Malibu. Once they had the car appraised, they accepted the car at a value of $13,500. We signed the deal with a conditional delivery agreement (for me to get the title to the Malibu signed over within 40 days), & I left with my new car. June 13th they had me come into the dealership to fix a light on my car. Upon arrival, they informed me that my Malibu had a salvage title in MI but not in TN. They couldn't accept the trade in, & wanted me to pay $5k more since KY would brand the title as salvage. What are my rights? Is my contracted void?

Attorney Answers 1


This one's a tricky one. First off did you buy the car in MI and title it in KY or did you buy it in KY with a clean title.

This makes a difference because if you were never on notice of this defect, then the auto dealer was in a better position to CarFax the title and registration than you, and did so; and accepted the car at a certain value. Unlike you, they are professional dealers.

Also I would be wary to believe anything they say. It could very well be being a spot sale or Bush contract or whatever you want to call it, a "yo yo" deal, it could be they could not get you the financing they promised and in turn decided to sock you for the cash difference instead to avoid the anti-Bushing laws.

Very hard to advise anyone without more facts.

My suggestion is that they want way too much more money to suggest this was a "mistake" they overlooked at the closing of the deal. Car dealers are way too shrewed to get skunked up front. That's where they make their money when they buy the car.

So I suggest you click on "Find a Lawyer" above and locate a lawyer in your area who handles consumer protection cases.

This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.

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