doc, I have done a complete title search with the Maryland dmv...they are sending it to me for free....basically what I was told was that the truck was totalled in 201 when it hit a lightpole head on. It had something like 5000 miles on it at the time and was salvaged then sold back to the original owner for $3000. I bought it from the original owner, even though I bought it from a dealership. I have been on the phone with more law firms than I can remember in DE and they all tell me to call the Delaware AG office...which I have 5 times...and noone ever calls me back[:@][:@]

From what I have learned it doesn't matter if the dealer didn't know of the previous history, as a licenced dealer it is his job to find out the title history on all vehicles he sells and disclose this history to his customers. I have also done the appraisal thing, one of the big franchised dealerships had an appraser come out and tell them what the truck was worth. With clean title history they appraised it at $12,500..with salvaged title they appraised it at $3000. I owe $9000 so that ain't gonna work[:@]

I guess I just have to wait to hear from the attorney general in Delaware....because I have made over 30 phone calls to lawyers in DE and no one handles cases like this. BTW..if you know someone in Delaware that needsa divorce attorney...I can hook em up

 

The market option is to sell it, disclosing the title to somebody that wants a nice truck to drive til it dies for what you owe and get out. Yeah, that is not gonna be easy!

The reality of your problem (rock and a hard place) is the $9,500.00 difference is big $$$ when it's yours or mine, but to an atty it's a small case w/o a big paycheck. Hourly, you'd eat up your whole problem paying the law firm.[:@] Contingency; there is not much of a pie to take a piece of?[:@] Unless, Deleware has a strong Consumer Protection Act where attorney fees can be awarded for violations, in addition to your recovery??? IDK Delaware law. Dude, I do not know a single person in Delaware??? If I did, I'd have already called them for ya.

Do we know any LEOs that work auto fraud??? That might be an angle in to the local fraud/consumer fraud division of their Prosecuter's office??

 

Well, Delaware Attorney Generals office has a consumer fraud department with both investigators and lawyers and it is completely free so I am going to try that route first and see if it pans out.

thanks for the help bro.

 

Well if he can sue he can sue not only for his full refund of his truck or a buy back, but he can also sue to cover his legal expenses.

 

Brau: That's my department You can ask for the moon, but reality check is in order. YOU ONLY RECOVER ATTORNEYS FEES WHEN A STATUTE SPECIFICALLY PROVIDES FOR THEM. Not just because you hired an attorney. The SYSTEM considers attorney fees a cost of doing business, everybody pays there own way. Trust me.

 

wonder if I can include the new $3500 tranny I had to put in the truck a month after I bought it in the lawsuit?

 

you have them by the nads... if you want my opinion....

if you want some info... I know my Hummer dealer would help... especially another hummer owner....

I can PM you his name and number.... your call....

 

would he know Delaware law? If so, then sure send me his contact info...thanks bro!

 

I wish I knew ANYTHING about U.S. Law, BUT I DON'T!!

I just wish you the best impy and maybe I'll see you on JUDGE JUDY!!!

 

here is the actual Deleware law, had an attorney send it to me:



ยง 6309. Prohibited acts.
(d) A dealer or agent of a dealer must disclose to a buyer if the vehicle title has been branded "reconstructed", "flood damaged", "salvage" or was a "taxi". The buyer(s) shall acknowledge the disclosure as described in this paragraph by signing a disclosure statement which has been approved by the Division of Motor Vehicles and is provided by the dealership. A copy of the disclosure statement shall be provided to the Delaware Division of Motor Vehicles with the title application. In the absence of any disclosure statement, the contract may be rescinded at any time by the buyer and the dealer shall provide a full and complete refund to the buyer of all purchase moneys, including interest paid, plus all fees paid. Disclosure shall not prevent any person from otherwise bringing any action under any law for a failure to disclose material information concerning the condition or prior use of any vehicle.
http://delcode.delaware.gov/title21/...html#TopOfPage



so looks like I have a pretty good case....pretty much in black and white I think.