Dear worrywort4-ga;
Thank you for allowing me to answer your interesting question. If
you?ve read the disclaimer below you will see that we cannot, by
policy, provide you with legal advice in this forum, but what you are
receiving is merely research on the matter that points out information
made publicly available. It is always best of course to consult a
licensed attorney on such matters, but I?d be happy to point out
published law regarding your issue:
According to my research, if the previous owner has complied with all
the legal requirements and sells the car in good faith, a court may
find that the seller cannot be held accountable for the buyer?s lack
of knowledge about the titling and transferring process. The question
here then becomes, ?Did the seller comply with the legal
requirements??
The seller?s requirements under North Carolina law are clear. He must
make sure the vehicle is properly represented as a salvage vehicle
(meaning that the estimated repair costs exceed 25% of the car?s fair
market value) by obtaining a ?branding?, or a title reflecting the
need for such repairs. The law is written this way:
?20-71.3. Salvage and other vehicles - titles and registration cards
to be branded.
(a)Motor vehicle certificates of title and registration cards issued
pursuant to G.S. 20-57 shall be branded in accordance with this
section.
As used in this section, "branded" means that the title and
registration card shall contain a designation that discloses if the
vehicle is classified as any of the following:
(1) Salvage Motor Vehicle.
(2) Salvage Rebuilt Vehicle.
(3) Reconstructed Vehicle.
(4) Flood Vehicle.
(5) Non-U.S.A. Vehicle.
(6) Any other classification authorized by law.?
NCGA GENERAL STATUTES
http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_20/GS_20-71.3.html
If the car is being represented as a salvage vehicle but the title
does not contain this ?branding? you may have a viable case for
misrepresentation. On the other hand, if the title DOES contain this
branding and it not accompanied by the proper documentation you may
still have a case.
The seller must comply with North Carolina General Statutes where
DISCLOSURE is concerned. Failure to disclose the historical major
damage to a vehicle or to conceal this fact from a potential buyer is
a criminal offense. As I understand it, in North Carolina this
responsibility goes well beyond ?showing? someone a title and simply
letting him or her figure it out for themselves, but the seller is
required to ?disclose that fact IN WRITING to the transferee PRIOR TO
THE TRANSFER of the vehicle.? And failure to do so is not only a Class
2 misdemeanor, but also makes the seller potentially liable under
civil law, NGS §20-348:
§ 20-71.4. Failure to disclose damage to a vehicle shall be a misdemeanor.
http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_20/GS_20-71.4.html
§ 20-348. Private civil action.
http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_20/GS_20-348.html
(Potential restitution here is equivalent to three times the amount of
actual damages sustained or one thousand five hundred dollars
($1,500), whichever is the greater, plus associated courts costs and
fees)
So, as you can see, if the seller intentionally CONCEALED the fact
that the car was a salvage unit or in some other way DECEIVED the
buyer into making a purchase based on false or exaggerated claims
about the viability of a damaged vehicle, or if the seller failed to
comply with § 20-71.4 mentioned above by notifying the potential buyer
IN WRITING PRIOR to the transfer, a buyer may very well have a
significant claim on this basis too.
I suspect though that if the seller complied with the law and no
deception took place, the mere fact a buyer has since become better
informed about this purchase of a substandard vehicle and now regrets
the transaction is not sufficient cause to warrant a refund to protect
his interests. In this case the rule of thumb, ?Caveat Emptor? ("Let
the buyer beware") would more readily apply and the experience should
be remembered as simply a very tough lesson learned.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
DEFINED ABOVE
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Google ://www.google.com
SEARCH TERMS USED:
NORTH CAROLINA
STATUTES
SALVAGE
TITLE
AUTOMOBILE
CAR
TRANSFER
LAW
LEGAL
LEMON |
