The dealership is the one on the wrong side of the law, not your dad. If your dad went in and demanded the keys to his car since he is on the title, the dealership would suddenly have to play by the rules. Yes, they can show that they purchased it from auction and repaired the car - but that would be acknowledging the fact it was totaled. They would also have to transfer the title into their name to be on the right side of the law. This would result in the title showing the correct status and they would have to acknowledge the above fact and sell it for what it is worth. There may be fees that they would have to deal with as well. Do they want that hassle? If you want the vehicle, you have a deck of cards that can be played. Did you already tell them the name on the title is your dad's? Did your dad sign the title over to the insurance company and is their name on that title? It really does come down to how badly you want the car and at what price.
Get them busted and put out of business, then buy the car at auction for pennies on the dollar. Win for all the good guys!
Look, I realize 99% of the members here are automotive experts when in reality they really don't know anything about the way the business works...and in this case, titles. The dealership is not in violation holding the title in the previous owner's name. There is a reassignment section on the back of the title, first the auction, then the dealer completes for the next ACTUAL owner. Then a new title would be issued by whatever state it's registered in. If the actual status of the title ever changed to salvage, rebuilt, etc...then the state would have issued a new title at that time reflecting the change. Always glad to clear things up from shitty ole dealer's perspective.
That's why I asked if he signed it over. The state laws where you are at may be different, but it would be a violation here. Some of us actually do know what we are talking about, you're not the singular expert on the subject.
Yes, he would sign it over. The dealer in all states I know, do not get a new title in the dealer's name. They hold that title, do a new title application, and title reassignment, send in the old title, and the state where it's registered then issues a new title. That's how it works.
And it won't be for the next unsuspecting buyer once they transfer to their name? I'm thinking that MN specific criteria of vehicle age/value has something to do with it. I didn't reveal the connection I have to the car. They scanned my DL during the test drive but these aren't the kinds of the things top-tier crew would pick up on. My dad obviously had to have signed the title over and physically given it to the insurance company around the time of the incident. He's going to drop by the DVS and attempt to file for a duplicate title. If denied, claim amnesia and that'd be the end of this.
It all depends on how the insurance company sold it. Sounds like it was fairly light damage and they totaled it because they were able to auction it off and come out ahead of fixing it, no different than if they had fixed it for pops and he sold it. It should show the accident in its history regardless though. Not quite sure how you figure it is worth 60% less because it was crashed though.... Maybe 20 less.
Two identical cars, one clean one salvage. You would pay no less than 80% of the clean one for the salvage?
Okay, let me rephrase the question...the car was totalled. When the title work is completed at the next transfer, will it reflect that status? If not, is that ethical?
It isn’t a salvage title car. When I buy I buy the car in its present condition. Not what it was in the past or what is on a piece of paper.
FWIW, the Carfax shows it as Severe Damage. The definition of this reads: "SEVERE/TOTALED: The vehicle cannot be driven from the accident scene due to severe damage or an injury. This level of damage often results in a Salvage or Junk title."
Should the damage and repairs be disclosed? If I ran a Carfax, would there be a disclosure that it has been totaled?
Then did you note that my 60% offer was based on salvage condition? It shouldn't be my fucking job as the consumer to question/verify the title condition from what I'm told but in this case it is. And really, who would buy a used car without checking? The kid couldn't prove or deny my suspicions so I played it safe an assumed salvaged until proven otherwise.
I ask because we once bought a car from a rental company that had been wrecked. It was my fault for not checking, but because they handled the repair in house, the carfax was clean.
Look at it from the other side, if the insurance would have fixed it and pops went to trade it in. Would he be happy with 40% of trade in value because it was hit in the street?
Yup, repairs happen all the time out of pocket. It makes sense in certain situations to not get insurance involved if you don't have to. To keep a title clean, for instance. It's always buyer beware.