question on salvage title on cars

[need to fish]

a freind of mine bought a car from a dealer on 82nd for her daughter when she took it to deq it failed and they told her it was a salvage title this was news to her so my question is does any one know frist off if this is legal second what can she do legaly
my frist thought was they didnt tell her it was a salavage title or anything and then when they took it to a shop they found that its really messed up breaks are shot wont go threw deq front end way out of aliment
shes going to take it back tomorrow and talk to the dealer but if anyone know what can be done it wood help to have the knowleage before hand
thanks for your help im sure someone will know something here

[chummer]

The title should say "Reconstructed" on it somewhere. I think it's kind of a buyer beware thing. Ask "Has this vehicle been reconstructed?" "Does this vehicle have a clean title?" and then ask to see it. Carfax will show if a vehicle has been totaled,salvaged, or reconstructed, because that is required public information available from DMV, but it won't show if a vehicle has been repaired unless the shop voluntairily submitted that info to carfax.

[need to fish]

Originally Posted by need to fish

a freind of mine bought a car from a dealer on 82nd for her daughter when she took it to deq it failed and they told her it was a salvage title this was news to her so my question is does any one know frist off if this is legal second what can she do legaly
my frist thought was they didnt tell her it was a salavage title or anything and then when they took it to a shop they found that its really messed up breaks are shot wont go threw deq front end way out of aliment
shes going to take it back tomorrow and talk to the dealer but if anyone know what can be done it wood help to have the knowleage before hand
thanks for your help im sure someone will know something here

they didnt ask for the title and they finace it so no title yet

[doc_63]

As a rule of thumb the value a vehicle with a salvage "reconstructed" title is roughly half what it normally would be. If any dealer fails to disclose this information to me without me asking...I can promise you they would be taking the vehicle back. That would definately be in their best interest regardless of how the law reads.

[daiello91]

Originally Posted by doc_63

As a rule of thumb the value a vehicle with a salvage "reconstructed" title is roughly half what it normally would be.

While I've read this several times before I disagree. I've sold 20 + salvage title vehicles that ran and looked new and on average sold them (disclosed as reconstructed) for only at 20% less at BEST ( as in many scenarios 10-15% less) There are a variety of reason a vehicle gets branded title and they dont mean the vehicle was in a major accident.

Some vehicles minor accidents can cause a branded title just because the car isn't worth much. Other times a vehicle just geting stolen can equal a branded title.

Referring back to the orignal post, keep in mind breaks and alignment really have nothing to do with the title being salvaged.....lots of used cars regardless of t itle status have thse normal wear and tear kind of issues... honestly if everything else on the vehicle checks out and you got a good deal, I'd keep it. Of course i'd push the dealer for a discount or something just for non-disclosure first...but really as a perk :-)

[cptdarel]

Please review the types and tactics of fraud that may be found during a used vehicle purchase and our list of tips that follows. If you think you have been a victim of any of these practices, call our attorneys at 888-565-3666 now for a FREE* Fraud Case Review or fill out our fraud case review form.

1. Odometer rollback or odometer fraud – Occurs when the true mileage of the vehicle is hidden by setting the mileage numbers on the odometer back to a lower number, thus making the vehicle more “sellable”.
2. Salvage fraud - When a car or truck is damaged by a wreck, flood or fire and the
   damage is so severe that the insurance company has branded the title as a total loss or “salvage” and this is not disclosed to a buyer before purchase.
3. New vehicle accident damage - A new vehicle may have suffered body damage prior to sale. This may occur at the factory, on the transport truck en route to the dealer, or at the dealership. Many states have specific statutes requiring disclosure of this damage where it exceeds a certain percentage of the M.S.R.P. Even states that don’t have specific disclosure requirements consider failing to disclose damage a fraudulent practice as well.

[Trouble854]

As stated above the vehicle will say salvaged/reconstructed on the title. If you got a loan through a major bank then talk to them, most banks won't loan money on a branded title. You also have 3 days in Oregon to return the car. If the shop knows the title is branded then they have to disclose it, private party does not, but it will show on the title when purchasing it.

[daiello91]

Originally Posted by Trouble854

As stated above the vehicle will say salvaged/reconstructed on the title. If you got a loan through a major bank then talk to them, most banks won't loan money on a branded title. You also have 3 days in Oregon to return the car. If the shop knows the title is branded then they have to disclose it, private party does not, but it will show on the title when purchasing it.

He is right as a dealer they must, found this confirming. Glad i always disclosed.

(o) Disclosure of Material Nonconformities and Defects -- A dealer or broker shall disclose existing material nonconformities and defects about which the dealer or broker knows or negligently disregarded when the dealer or broker should have known, prior to sale or lease of a motor vehicle;

OFFICIAL COMMENTARY: Unless explicitly disclosed prior to a sale or lease, a motor vehicle that is offered for sale or lease to the public is represented, either directly or by implication, to be roadworthy when it is sold, to have an unbranded title and to have no undisclosed material defects. The dealer is in a superior position to inspect and determine the condition of a vehicle prior to marketing the vehicle. It is an easy matter, through a number of industry and internet sources, for a dealer or broker to review a vehicle's title, damage and ownership history. The intent of this rule is to conform its applicability to the maximum extent permitted by ORS 646.608 and the holding in State ex rel. Redden v. Discount Fabrics, Inc., 289 Or 375, 615 P2d 1034 (1980): "Under the terms [of the Unlawful Trade Practices Act] a defendant is liable for misrepresentations made negligently, without evidence that it was attended by either conscious ignorance or reckless indifference to its truth or falsity, whereas evidence that a misrepresentation was made negligently is insufficient in an action for common law fraud. In other words, the term 'wilful,' as defined by ¦ 646.60, requires no more than proof of ordinary negligence by a defendant in not knowing, when it should have known, that a representation made by him was not true." ORS 646.608 (2) states: "A representation under subsection (1) of this section or ORS 646.607 may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact."

http://arcweb.sos.state.or.us/pages/...7/137_020.html

[lost_sailor]

I bought a used car about a year ago. The Portland market is filled with salvage titled cars. Most of them are bad news. Freshly painted though.

I suspect a licensed dealer would be required to tell you it's a salvage title.

[sadiesassy]

Agree - Had a small MAzda with some damage from an accident . I was told the "Cost" to repair was more than the value and car was not worth much. But when I had it repaired - It was about $800 cheaper than the "Repaiir Cost" the adjuster figured.

I do not remember the car title being branded.

Originally Posted by daiello91

Some vehicles minor accidents can cause a branded title just because the car isn't worth much. Other times a vehicle just geting stolen can equal a branded title. )

[cptdarel]

an Insurance company can cash you out in lieu of repars, therefore the tidal is not relinquished to ins co, and no salvage tidal.

[cimfl]

You DO NOT have three days to return a car in OR as was stated by Trouble, but the dealer DOES have to disclose the salvage title. Take it back...if they start giving you grief, let them know you will be contacting the correct legal enforcement. You do have rights. My guess is that in the paperwork it is disclosed, just wasn't made upfront.

[CATCH AND EAT]

Originally Posted by cptdarel

an Insurance company can cash you out in lieu of repars, therefore the tidal is not relinquished to ins co, and no salvage tidal.

unless you retain the salvage on a total loss. then you must surrender the title to the State and have it reissued with a reconstruction notice on the title.

Reconstructed vehicles are only worth what you pay. some more than others depending on brand and make. There are a lot of folks out there that do really crappy work and whose cars should not be on the road. Then there are also folks out there that do very nice work on these vehicles.

I just bought my wife a salvage car and it came out wonderful, she loves it and you could never tell it was touched.

[SlamminSalmon69]

Originally Posted by cimfl

You DO NOT have three days to return a car in OR as was stated by Trouble, but the dealer DOES have to disclose the salvage title. Take it back...if they start giving you grief, let them know you will be contacting the correct legal enforcement. You do have rights. My guess is that in the paperwork it is disclosed, just wasn't made upfront.

I would gess that the information was probably disclosed at some point, just in a fashion that was probably overlooked by the buyer. Finace guys are pretty good at slipping things through like that.

[daiello91]

I would just like to reiterate that a branded title doesn't = a junk or unreliable car. They can be a great source for inexpensive & reliable transportation. Just need to have the vehicle looked over and know why it was branded in the first place. If it was a major accident in the front end, it may be one to stay away from.

However,

A car that was stolen and only recovered after an extended period of time automatically receives a branded title in Oregon. Regardless if anything is wrong with it. The real "steal" is the person who finds this vehicle at the discounted "branded title" price in my book.


Back to the topic at hand....How did the original post situation turn out?

[garyk]

Originally Posted by need to fish

a freind of mine bought a car from a dealer on 82nd for her daughter when she took it to deq it failed and they told her it was a salvage title ....

Someone that lives in the Metro/DEQ area might chime in here, but I thought vehicles sold at retail by licensed dealers within the Metro/DEQ inspection area had to be able to pass DEQ emmissions testing?
(Auctions exempted)

[bradly11]

Originally Posted by garyk

Someone that lives in the Metro/DEQ area might chime in here, but I thought vehicles sold at retail by licensed dealers within the Metro/DEQ inspection area had to be able to pass DEQ emmissions testing?
(Auctions exempted)

That is correct.

[Tree Surgeon]

Used cars are supposed to go thru safety inspections when dealers sell them for their own liability! Bad brakes right off the lot can put them back to the stone ages! Look thru your paperwork and see if the salvage title is mentioned anywhere.
Was this a used car lot or a new car dealer?

[Phil Layer]

Originally Posted by Tree Surgeon

Was this a used car lot or a new car dealer?

Do you really have to ask?

[Tree Surgeon]

I was curious if it was a used car from a new car dealer or from a used car dealer. That's all. It doesn't seem like it was well prepared for sale. A new car dealer would normally wholesale something like that rather than have to stand behind it. Not knowing the make, model, year, or price paid, we don't know how good or bad the deal was.

[HntnFsh]

Originally Posted by Phil Layer

Do you really have to ask?

Why not ?

[maniacmikey]

Originally Posted by HntnFsh

Why not ?

Because there is only one new car dealer on 82nd and they sell Saabs.

[copycat]

title issues need to be disclosed by dealer at time of sale its a law, DEQ if the car does not have current tags at time of purchase are the dealers responsibility to make it pass, there are no laws saying there are 3 days to return a car unless they delivered the car to your home or someplace other than the dealers place of business, I am sure some where in the paperwork signed the title issue was disclosed but not made a issue of. Good luck and I hope you get the thing resolved some places are ruthless!

[daiello91]

Originally Posted by copycat

Good luck and I hope you get the thing resolved some places are ruthless!

Especially along 82nd.