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False advertising in government auction

Discussion in 'Car Sales, Dealers, Repairs, Lemon Law' started by Arman, Oct 28, 2019.

  1. Arman

    Arman Law Topic Starter New Member

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    Hi,

    I bought a motorcycle in government auction about a month ago. I paid $511 and picked up the vehicle in a timely manner. I did not do any kind of maintenance and change on the bike and I waited for the paperwork(title and bill of sale) to be sent to my address. Yesterday after a month I received the title in the mail and the title is NONREPAIRABLE which means I cannot register it and get plates. when I was inspecting the bike I asked them and they told me it has a clean title also in the description of the auction it says the bike has a clean title. however, in the fine print, they have some notes which says they do not accept any responsibility for the title. I made a mistake and did not get it in writing that it has a clean title and they just verbally told me it has a clean title. The irony here is that the previous owner of the bike is the Texas department of public safety. How they did not know about the status of the title.
    Here is the description in the auction site:

    1999 Honda ##### Motorcycle, Color Black. Transmission: manual 5-speed chain. Not running - Other mechanical issues unknown. Condition: poor (Sold as is). Currently shows ### miles. VIN #####. Has Clean Title. Has Key. Property ######.

    *NOTE: Buyer may not rely upon any information provided (whether orally, in writing and/or in digital image form), included but not limited to: year, make, model, condition, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number (VIN), title, repair history, title history, and total loss history. The State of Texas does not guarantee that any vehicle sold can be legally registered in any state or country. Buyer is solely responsible for confirming, researching, inspecting, vehicles and any/ all information regarding the type, condition, status, and history of vehicles before bidding.

    All items are in UNKNOWN WORKING CONDITION unless otherwise stated and are sold AS IS, WHERE IS with NO WARRANTIES implied or expressed. Item preview is highly recommended and bidding without previewing is strongly discouraged.

    Since I confirmed it verbally with them, do I have any case here? Is there any way that I can get my money back. I am a student and was just looking for a cheap means of transportation. I trusted a government agency and they took my money.

    I appreciate any help you could provide.

    Best,
    Arman


    P.S. I checked the national insurance crime bureau, the vehicle history website and carfax and no salvage or total loss record was found. Can it be because it's a DPS bike, they did not update the record. maybe they committed a fraud on that end and did not report the bike's problems. I am not sure what they did but my money is gone:(
     
    Last edited: Oct 28, 2019
  2. army judge

    army judge Super Moderator

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    This is what the state DMV has to say about your type of title.

    www.txdmv.gov%2Fpublications-tac%2Fdoc_download%2F3448-salvage-nonrepairable-manual&usg=AOvVaw2IyUwuE14zPPz0eKbIVE9S

    What the heck does all that mean?

    If someone possesses a vehicle that has a non-repairable title, no one can sell that vehicle except to a few designated entities. If the "sucker", rather the prospective buyer demolishes, recycles, or processes vehicles for scrap, such a sale can be made.

    If anyone other than the entities listed above, purchases a vehicle (as described above) you are putting themselves in an disadvantageous position.

    I suggest you take ALL of the documentation/information (and the vehicle) to your nearest DMV office and ask what you can do now, and if there is a state agency that can assist you?

    Once you've done that, you might be surprised to discover that all hope isn't lost.

    --------------------------------------

    But, but, but; there's always MORE when the law gets involved.

    That is why it is BEST NEVER to TRUST anyone but yourself, when buying anything.
    You must do your due diligence when buying a USED anything, especially a motorized vehicle.

    A "nonrepairable motor vehicle" is a motor vehicle that:

    1 = is damaged, wrecked, or burned to the extent that the only residual value of the vehicle is as a source of parts or scrap metal;
    2 = comes into this state under a title or other ownership document that indicates that the vehicle is nonrepairable, junked, or for parts or dismantling only.



    A vehicle for which a Nonrepairable Vehicle Title is issued on or after September 1, 2003, may not be rebuilt, retitled, or operated on the public highways.
     
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  3. Arman

    Arman Law Topic Starter New Member

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    Thank you for the response. I appreciate your time.

    I've read the manual but it doesn't say that no one can sell a nonrepairable vehicle to individuals. it just says individuals can just buy up to five nonrepairable vehicles per year.


    A motor vehicle for which a Salvage Vehicle Title, Nonrepairable Vehicle Title, or comparable out of state ownership document has been issued, including a motor vehicle that has a “FLOOD DAMAGE” remark on the title, may be sold, transferred, or released to anyone, except that an insurance company may sell, transfer or release ownership of a motor vehicle for which a Salvage or Nonrepairable Vehicle Title has been issued only to:
    • a licensed salvage vehicle dealer;
    • an out of state purchaser;
    • a buyer in a casual sale at auction; or
    • a metal recycler.


    My issue is this bike does not have any insurance claim record and no apparent body or frame damage. I fully inspect it and mechanically is in great working condition.
    I just regret that I trust online description and did not confirm it in email and just confirmed it verbally.

     
  4. adjusterjack

    adjusterjack Super Moderator

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    My practical advice. Don't waste your time. You bought a parts bike for $511. You were specifically warned not to rely on anything and that nobody was responsible for anything you relied on. Yet you relied on something anyway to your detriment.

    This is the risk you take when you buy at vehicle auctions, government or otherwise. The auctioneers want to get rid of the vehicles as fast as possible.

    Feel free to run around following Army Judge's suggestions but in the end I think reality will catch up to you.
     
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  5. Arman

    Arman Law Topic Starter New Member

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    I know you're right and I know I can't do anything but I will waste my time and do my best just to make sure this thing won't happen to anyone else. BTW it was not a part bike. it's really clean. I took a risk and now I have to pay the price.

    Thanks
     
  6. army judge

    army judge Super Moderator

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    You won't solve this with a magic word, chant, command, or a fairy.

    I suggest you take all the documentation you possess regarding your purchase and speak with the ALLEGED STATE AUTHORITIES at any DMV.

    If possible transport, don't operate, the vehicle in case a trooper needs to inspect it.

    You might learn something.

    Your only other choice is discuss your findings with the city officials who you allege scammed you to see if you can have any of your money returned.

    You can discuss your concerns with lawyers near you.
     
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  7. Arman

    Arman Law Topic Starter New Member

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    Thank you so much for your advice. I’ve scheduled an appointment with legal clinic at my school and I will borrow my friends van to take the bike to Austin and talk to DMV. At this point money is not the issue anymore I just want to fight for my rights as a citizen and know why state DPS scammed me like a tow company.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    That's very Quixotic of you.
     
  9. Zigner

    Zigner Well-Known Member

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    They didn't. They were VERY clear about the fact that you couldn't trust anything said about the bike. That's kind of like me walking up to you and saying "Let's start out by me telling you that you can't trust a word that comes out of my mouth. Now, I have this fantastic deal for you..."
     
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  10. Arman

    Arman Law Topic Starter New Member

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    Thank you so much for your advice. Today I went to the state surplus store and they gave me the contact information of the agency which owned the bike. I went there and they accepted they've made a mistake. apparently I am not the only one with this problem. They have sold a total of 11 motorcycles in the auction with a non-repairable title. The reason that these bikes have parts only title is that when DPS sent their documents to the county for the title they did not include Manufacturer's Certificate of Origin and county just gave them a non-repairable title. I met other owners and we filed a complaint. DPS now wants to ask another county and see if they attach the MCO can they issue a clean title or not. If DPS cannot give us a clean title they will coordinate with the state surplus store to resolve the issue and refund us. Now I just need to wait and see what happens.
    I am really glad that it is just a sincere mistake and they want to fix it.
    Thanks again for your help.
     
  11. army judge

    army judge Super Moderator

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    Once in a while things work out well.
    I'm happy things will be great for you.
    Next time be more cautious.
     
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