Request for Help/Information about Manufacture Buy Back Program

[CoreyPerez]

Ok folks, here is the situation. A Supervisor for my Flight (Air force) just found out that it looks like he was sold a vehicle with a branded title. Here is how the scenario played out. He went to a Dealership down near Salt Lake City, found a F150 that he wanted, the truck looked perfect in every aspect. The truck was a 2001, had about 20k on the odo, (lease vehicle turn in) and the truck was priced around 30k, just about what he expected to pay for that truck. The dealer didn’t disclose that there could have ever been a problem, and even presented him with a Carfax report showing that the title was clear. This was April 22nd of 2002. Now, here is where things get interesting. This year, when he went to re-register the vehicle, he was not able to get a current registration due to there being a branded title on the vehicle, and it not being able to be registered in Utah. So, he gets a NEW Carfax report, and this is what he finds out. He buys the car on the 22nd of April, 2002, about the 2nd week of May, the truck was re-titled in Dearborn Michigan, (Ford Motor Company) then about a month later is RE-titled in Magna Utah, and titled to him at that time. So, AFTER he bought the truck, somebody then branded the title as a Lemon and THEN stamped the title as a lemon, and went that way around it. Now, my friend has a truck that he can no longer sell, he can’t register it, and everybody is REALLY hoping that the lender doesn’t find out before this is settled, because you know they are going to want their money back, RIGHT NOW!



So, if anybody knows any good lawyers, or has any past experience with this, or have any idea where to start / who to talk to , that would be great. We are thinking we are going to need to Talk to DMV in Utah, and Secretary of State in Michigan. He has already contacted Ford Motor Company; they have “No information on this vehicle, or any instances of problems with the title”. They (FoMoCo) has contacted the dealer, and the General Manager will not return or take any phone calls from Ford, and There are numerous people that were at the dealership are no longer working there.



Any help you can offer would be great.



Thanks again,



Corey

 

[JR2]

I think I would pay a personal visit to the dealership with the proof in hand. I would ask very nicely to speak to the general manager and I would lay out what happened and what I expect. Then when he blows up, get lawyered up and sue him for fraud. I would also contact the attorney generals office and the BBB in the state.

 

[jpolston]

No problem; the selling dealer is responsible to to provide a clear registerable title. And it gets better than that! There is a little known law called "Holder in due course". Basically, it says, " The holder of the lien is liable in due course with the seller, to market a good that meets consumer expectation. " So, if the truck has a bad title he needs to notify the seller and the lien holder, the lien holder will then put pressure on the seller for a clear title or satisfy the lien. I would try this first. The seller and lien holder will be familiar with the law "Holder in Due course". I have exercised this option in the past.

 

[Jeff Clark]

Is it just me or does 30k for a 2001 F150 sound high? I bought my wife a 2001 F150 with 40k miles for $18,000. Anyway, I hate buying ued vehicles.