Non Disclosure of Salvage Vechicle title

I am a newbie so pls forgive me if I am not posting in the correct area.

I will ask the most important question before I get into great detail because unfortutely I was unable to do anything about it until now. 

Is there a statue of Limitations for suing a small car lot for nondiscloser of Salvage Title on Vechile? 

Thank you so much for any and all insight and advice.

Swustrau:

I am a newbie so pls forgive me if I am not posting in the correct area.

This is as good a place as any. We all read all the boards anyway. So keep all of your discussions right here in this thread and it'll keep coming to the top of the active list were we can all see it.

Swustrau:

Is there a statue of Limitations for suing a small car lot for nondiscloser of Salvage Title on Vechile?

Well, a vehicle purchase from a car lot generally involves a written contract.

So if the written contract does not say salvage title on the contract and you later get the title that says salvage on it, I'd say you have a cause of action for a breach of contract lawsuit.

The SOL is 4 years. It's also 4 years for an oral contract. But if you bought a car on an oral contract it'd be your word against the dealer's that he didn't tell you about the salvage title.

When did you buy the car?

When did you get the title that says salvage on it?

How long has it been that you haven't done anything about it and why are you bringing it up now?

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Thank you for the warm welcome...

SOL is 4yrs on Oral, what about a contract? I have nothing in my contract or paperwork that discloses salvage title. I was too young and stupid at the time to know to ask for a car fax etc, (they saw me coming) I financed and paid over 16K on this piece of crap.I did confront the 'manager' and he said he orally told me it had a salvage title! Well I was young and dumb but I would not of knowingly paid 16K for the vehicle w/ worthless title.. My gosh, it is a 99 Isuzu Rodeo, not a loaded BMW that the air bag blew! I have had to get motor replace not to mention repairs galore.

Anyway, what if it is longer than 4yrs but I have a contract.. Or am I understanding you correctly, it should/could of been verbally or contractually disclosed?  I am looking for the contract for dates.

I found out a few years later about the salvage title when I went to trade it in.

Thank you so much for you help

Swustrau:

SOL is 4yrs on Oral, what about a contract?

An oral contract IS a contract. A written contract and an oral contract has 4 years for filing a lawsuit.

Swustrau:

I did confront the 'manager' and he said he orally told me it had a salvage title!

I figured he would.

Swustrau:

what if it is longer than 4yrs but I have a contract.. Or am I understanding you correctly, it should/could of been verbally or contractually disclosed?

If it's longer than 4 years, the time's run out for you to sue.

Swustrau:

I found out a few years later about the salvage title when I went to trade it in.

That could be helpful.

Why did it take you a few years to find out?

Do lenders keep the title in TX so you never saw it?

It's possible that the statute of limitations didn't start running until you found out about the title because the statute uses the phrase "four years after the date that the cause of action accrues."

Here's some references to Texas case law on that point:

http://www.houston-opi...

The following is the SOL for fraud:

http://codes.lp.findla...

Since that doesn't specifically mention breach of contract, you go to the all other statute:

http://codes.lp.findla...

Which is also four years.

Once we conclude the discussion about the SOL when you find your contract and can give me the details, date of purchase, date you tried to trade it in, why you didn't find out about the title, then we'll talk about what you might or might not be able to successfully sue for.

Swustrau:

My gosh, it is a 99 Isuzu Rodeo, not a loaded BMW that the air bag blew! I have had to get motor replace not to mention repairs galore.

Is you main complaint that you have had to repair the vehicle?

Had you not had to replace the motor would you be looking to sue?

This vehicle is going on 10 - 11 years old and after that time most vehicles need to have repairs done to them. A lot depends on how well the vehicle was maintained.

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Adj jack, Thank you for all of your helpful info..

I did not know about the salvage title until I tried to trade it in on another car. I purchased it in 01 and found out about the salvaged title 03. It should have been taken care of then, but it wasn't. I just wandered about SOL.   

Vadgue, Of course a 10yr old car is going to need repairs. It has nothing to do with that and everything to do with I was not told I was financing a salvage car.

Swustrau:

I did not know about the salvage title until I tried to trade it in on another car. I purchased it in 01 and found out about the salvaged title 03. It should have been taken care of then, but it wasn't. I just wandered about SOL.

Even if we use your first notice of the salvage title 2003, the SOL would have run out 4 years later in 2007.

A lawsuit now would fail.

Thank you for your time... People that do that kind of thing will unlimately pay one way or another.. 

Swustrau:

People that do that kind of thing will unlimately pay one way or another..

One can only hope.