Can a dealership really do this?

Question

I bought a Ford F150 about 2 months ago. When I signed the paperwork, I signed the Odometer/salvage form. I didn't check either the yes it was or no it wasn't salvaged. I told the dealership that I did not have the title that day that I would bring it in the next day. Which I DID showing it WAS in fact salvaged when I bought it from the auction prevously. Not once did they ask if the car was salvaged as I knew it was. A month later they called me and told me that they were going to take my old car to the auction to see what they could get for it and that I would have to pay the difference. Now let me back up a bit, the day i bought the car they appraised it for 10,500 on the paperwork. Ok, when they went to the auction they sold it for $6700. They called me this month (2 months later) and stated I owed them $3500, which they haggled down to $1800, when i told them no. Now they are threatening to take me to court. I never checked off it was not salvaged...Can they do this?

Answer 1

Anyone can take anyone to court all they have to do is pay the fee.

If you are asking if they will win in court all I can say is that if you explain  yourself to the judge the way you did to yahoo answers, you are in trouble.

Good Luck.

Answer 2

they shouldn't be able to do this, but like 2 other people have said, if you do go to court, you better be able to explain your situation a little more clearly or you are in trouble.

Answer 3

No.

Answer 4

So you didn't check off the salvage box even though you knew it had a salvage title???  I'm sure the dealer gave you the trade value based on a clean title.  Of course if the dealer pulled a fast one like this, you would throw a fit

Even with your deception, the dealer doesn't have much of a leg to stand on.  They should have confirmed the condition of the car before sealing the deal.  Undoubtedly, they were more interested in getting the deal done and let some things slide.  

Like the other poster stated, if you do go to court, you may want to change how you tell your story.

Answer 5

So you intentionally witheld critical information about the condition of the title just to make your deal?

and they say we dealers lie.....

What would you do if you bought a car, then found out it was salvage title?  I am betting you would kick up a stink, take the seller to court for making a material misrepresentation by omission of critical facts.  Oh hey, that is what THEy are doing to you.  

You should have just been honest to start with instead of trying to be clever and play games.  Did you think they would just shrug it off?  Would YOU if the tables were turned?

May as well reserve the court date so you can plan your work schedule.  And see if you have a way to  get the $ together.  If they take this to court they will win - you intentionally wiheld critical information - which makes it a misrepresentation by omission.  Only if it goes to court you will have to pay court costs and interest as well.

ADDED:  Oh you didnt intentionally hide this fact?  You said that you knew it was salvage title.  But yet, not once in the negotiation did you say so.  It had to be in the back of you mind the entire time, if not in the front.  When the trade was appraised, when they talked about values, when they handed you paperwork.  Many times you had the opportunity to be honest and say "this is a slavage title" but you didnt.  

Saying "well they never asked" is just plain childish.  What would be thee result if you got the title to your new car in the mail and it said "SALVAGE"?  Then you went to the dealer and he said "We didnt hide it, you never asked."  

You knew it was salvage, you didn't "forget" to mention it.  That didn't slip your mind. When you signed papers, you didn't check the salvage box.  You may try the "I didn't know" defense, but its not going to end well.