Corporate Law lawer advice needed

[IDGAF27]

Before I start my rant, please bear with me. English is not my first language and it is chalenging for me to explane in writhing what I want to say .


Long story short:

I represent used car dealer in NJ.

1. Sep.2007 bought a car from DEALERS ONLY Salvage Auction (CA) for a client.
2.Sep.2007 car was taken out of the Auction and placed in a storage yard(CA), near by auction ( client made arraingements)
3. Sep.2007 - Oct.2008 car sat in a storage yard ( concidered missing by client)
4. Aug.2008 client contacted me asking to find the car,I bought for him a year ago.
5. Oct.2008 found and obtained the ca, and shipped to my location (NJ).
6. 2009 spent fixing this and that, sorting things out and storing car for a client , who finaly droped out the deal (market colapsed)
7. Aug.2010 brought same car , with the same title I received uppon purchase at auction in CA on 2007 , to same auctions branch in NY.
8. Aug.2010 car was sold at auction to dealer from MD .
9. Received money for it.
10. Two weeks later, Salvage Auction calls me and tells that I missrepresented vehicle(according to buyer and buyer wants to return car to auction) and requests money back. In the mean time car have bin moved from auction facility in NY to buyers place in MD and have bin there for more that two weeks by now. If I do not, my members privilages will be suspended.

Went to Auction and talked to Assistant for GM of a branch and he told me what kind of missrepresentation I made.
According to a Carfax and Autocheck reports in Sept.2008 someone requested title duplicate at Chicago,IL MVC and stated milage 5k less than on speedometer.
Got in touch with the officials at Chicago's MVC. They have no records of title being issued there or how milage came up on a vehicle record( Do have IL Title# from Carfax report)

Since I have original Salvage Certificate issued by Isurance Co that sold car through Salvage Auction, post total loss claim, saying "15,151 Actual Miage" I did not see the need to investigate legitimacy of milage .


By hart I know Auction can't do that. Way too long I have bin a member with them and none of the missrepresented cars I bought were refunded or returned to seller in some 10years of business w/them.

Question is how do I deal w/them? Leagl laws.
If there is anyone willing to consult/represent pm me and I'll call you back and talk the detales.

Thanks KG

[IDGAF27]

A. Vehicle Condition and History Disclaimer.
ALL VEHICLES ARE SOLD "AS-IS WHERE-IS"
All vehicles sold through ******* are sold "AS-IS WHERE-IS", WITHOUT ANY WARRANTY, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY. The term “vehicle(s)” shall mean all items posted for sale on ********’s
Website, including but not limited to cars, trucks, motorcycles, boats, jet skis, industrial equipment, homeowners salvage,
trailers, RV’s, etc. ******** and its vehicle sellers expressly disclaim the accuracy or completeness of any and all
information provided to Members regarding vehicles, whether provided in written, verbal, or digital image form ("Vehicle
Information").Vehicle Information provided by ******** and its vehicle sellers is for convenience only.Members shall not
rely on Vehicle Information in deciding whether or how much to bid on a vehicle offered for sale through *******.Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type,
drivability, accessories, mileage, odometer disclosures, vehicle identification number (e.g. “VIN”, “HIN”, and serial
number), title, repair cost, repair history, title history, and total loss history. ****** and its vehicle sellers expressly
disclaim any and all representations, warranties, and guarantees regarding vehicles sold through *******. ******* does not
guarantee that keys are available for any vehicle sold through ******, regardless of whether keys are present in online
vehicle images, or were present in the vehicle prior to the time of purchase. Certain jurisdictions permit vehicles to be
sold with missing VIN plates; as a result, ******* does not guarantee that vehicles are equipped with any or all VIN plates.
Parts may be missing. ****** does not guarantee that vehicles meet or can be modified to meet local emission and/or
safety requirements[COLOR="red"]. It is the sole responsibility of the Member to ascertain, confirm, research, inspect, and/or
investigate vehicles and any and all Vehicle Information prior to bidding on vehicles.All Members agree that ******* vehicles are sold AS IS and are not represented as being in a road worthy condition,
mechanically sound, or maintained at any guaranteed level of quality. The vehicles may not be fit for use as a means of
transportation and may require substantial repairs and expense.



3. If a Member's bid has been accepted, the Member is obligated to purchase the vehicle but only if ******
notifies the Member no later than 45 days after bid acceptance that the vehicle and title are available for pick up.
Following notification, the Member will have the standard number of days allowed by the yard where the Vehicle is
located to pick up the vehicle before late-payment and storage fees apply.


5. If prior to the vehicle being removed from ****** premises, it is determined that items have been
removed or replaced on the vehicle, that additional damage has occurred since the time the Member submitted his/her bid,
and/or there is a title type discrepancy, the Member will have the option to purchase the vehicle at the original price or
cancel the sale Odometer readings that differ from the listed mileage by less than 2,000 miles do not qualify for
transaction cancellation.


H. Bids Entered Once a bid has been submitted, it cannot be retracted, deleted, or cancelled.
I. Risk of Loss. Member takes full responsibility and assumes all risk of loss for all vehicles purchased from the
time ******** accepts Member’s bid. From and after acceptance of Member’s bid (for vehicles located at a ******* facility)
Member acknowledges that ****** is acting as bailee of Member’s vehicle until such time as the vehicle is removed from
*****’s premises. Member agrees that under the terms of the bailment, (1) ***** shall not be responsible for damage to
or loss of the vehicle or parts thereof due to operational procedures in place at all ****** facilities, from acts of theft or
vandalism, or acts of God;

Once a vehicle is removed from
*****’s premises it is accepted AS-IS, and under no circumstances will ***** be liable for subsequent claims of
damage or loss of any kind or nature whatsoever.

[IDGAF27]

p.s. Salvage auction is nationwide auction with 125 facilities around the country and headquarters in S.Francisco CA

[bell]

I'm NOT a lawyer, but if those are your terms which you use to sell each car than it looks like you should be covered.

I would present your case, and the complaint of the customer to the proper contact with auction company, have as much detail as possible organized, etc.....

Of course if you don't get the legal advice you need here I would contact an attorney in your area familiar with contract laws.

[john70t]

First, I am not a lawyer. I suggest you hire one. This is complicated.

The problems I think you might have are:
1). Where is the original jurisdiction(The place where the "crime" occured)?. NJ? CA? MD?

2). Has the buyer paid you for the vehicle, and have they received it?
-And are they now able to sell it at a slightly lower price? What is that price difference?

3) What proof of the milage exists?
-Who made the mistake/change: The auction house? You? The Department of Motor Vehicles/Secretary of State? The buyer?

The auction house rules seem to indicate that you are responsible for the car's milege and condition.

Personally, I would call the buyer and offer them some money off.
If they accept, this will solve the problem, and you may make that money back with the next sale. Mistakes happen.
Good luck.