Do I have to say a car was stolen??

[Peter Vincent]

I am going to sell one of my older trucks. I bought it as a stolen recovered vehicle. The title is clear but if you run a carfax it says it was reported stolen and recovered. The dealer I bought it from did not say anything, by law do I have to say something?

Thanks for the help,

Peter

 

[Tom Schindler]

Depends on the state you live in. knowingly and willfully selling something you know has an issue can leave you liable.





Tom

 

[Gypsy me]

I would disclose it when selling with a written statement from MVD or what ever it is called in your state. You can also try and contact Carfax Inc. and see if they will update their database to reflect that title has cleared.

 

[Thomas Rogers]

Contrary to what Caymen says, I'm pretty sure that unless you are asked you don't have to divulge anything about a vehicle. This includes if it was in a fire, an accident, or stolen. The only thing all states require is that you divulge odometer reading when transferring the title.



This was the advice given by the the car-buying guy on the local radio show on his Saturday morning show.



I'm going to try to look that up though online to make sure, but I don't have time right now.



TJR

 

[WXMotorSports DecalsPartsAccs]

A lot of dealers will ask if there is anything wrong with the vehicle your trying to trade in. Finance Manager will see the title and may have some issues with it. It may devalue the trade in.

 

[Tom Schindler]

Lets not forget that each state is different. My wife used to work at a dealership. There are many little laws you know nothing about.





Tom

 

[Thomas Rogers]

Caymen said:

Lets not forget that each state is different. My wife used to work at a dealership. There are many little laws you know nothing about.

I know anything that one signs can be legally binding. I know to read the small print in anything I sign. But pnoid72 didn't say he signed anything as to the condition, pre-condition of the vehicle. He indicated he was talking to the sales manager.



With that said. I'm not aware of any state that will require you to speak up and to volunteer information not requested.



If you sign something that indicates in small print certain conditions and pre-conditions of the merchandise for sale, then depending on how it is worded, then YES; one might have to divulge things. But as part of a sale, if not asked specific questions, and if not signing anything indicating the condition and known issues, then NO, you shouldn't legally have to divulge anything voluntarily.



I just Google searched...I found a lot about vehicles titled as "previously-stolen", but didn't find any state law indicating that one has to volunteer such information.



This info can easily be found by running a carfax or title check. There should be no reason one has to volunteer that information, legally.



TJR

 

[WXMotorSports DecalsPartsAccs]

I wise old man once told me..."Less is more" in a conversation that has to do with money or negotiating.

 

[Peter Vincent]

Thanks everyone for your input. I am not trying to hide something wrong with the vehicle, because there is nothing. Just like every person out there the truck has a history and some of it isnt that pretty.

 

[Rick Kent]

Lets not forget that each state is different. My wife used to work at a dealership. There are many little laws you know nothing about.

TJR, off the top of my head, NC requires damage disclosure when the damages exceeded 25% of the value of the vehicle. VA has a damage disclosure act as well but I would have to look up the details.



Caymen is correct on this. We have 51 different titling jurisdictions not including the State Department and each state has their own requirements on disclosure and title branding.



I am not at work so I can't look up NY requirements (I assume NY from you profile) at the moment but I'll do so later an post it.



Pnoid72, if the title is clear and you know for a fact it was stolen/recovered, it may have been too old to be covered by the salvage act in NY. Many states have year cutoffs as well as value and percentage of damage thresholds that have to be met for a title to be permanently branded.

 

[Thomas Rogers]

Fkent,



Note that pnoid said he bought it as a stolen vehicle. I took that to assume that it is already titled as a previously-stolen vehicle. That's the assumption I based my comments on, that and the fact that pnoid was talking about a conversation with the dealer. If it's already titled as previously stolen (pnoid, is it?) then I can't see why "by law", "any law" he would be required to VOLUNTEER that information again, in a conversation.



If asked, yes, he shouldn't lie. If signing over the title there is a checkbox to indicate previously stolen status, then he should check it, and sign over the title.



But in conversation, if not asked, should he SAY anything?...That seemed to be his question.



Again, unless someone shows me a law SPECIFICALLY about having to volunteer such information in conversation, then I will stand by what I said.



Now, if pnoid asked: When signing over the title do I have to indicate it is previously stolen? Then I would ask if on the title transfer documentation there is a place to report such things. He didn't specifically ask that question, nor indicate if the vehicle is already titled as previously stolen.



TJR