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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 15937
Experience:  Licensed Texas General Practice Attorney
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A friend purchased a car from Pars Cars in Morrow, GA two months

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A friend purchased a car from Pars Cars in Morrow, GA two months ago and has not been able to register the vehicle. During the first month the DMV told him that the car has a tax lien on it from the previous owner and they gave him another temporary tag to be able todrive the car. During the second month, and now the temp. tag is about to expire, the dealership has told him that they have not received the title for the car but to continue to drive the vehicle and should he get a ticket for operating the vehicle they would pay for it. My friend has already given them $2000 deposit on a 2001 Chevy Impala. The dealership will not give him another car or return his money to him. What can he do?

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Is the Impala the car that is having the title issues, or is this a second car?

Customer:

The Impala is the car that's having title issues.

RGMacEsq :

Did the dealership tell him that they did not have title at the time that they sold it to him? >

Customer:

No they did not. They just told him this yesterday.

RGMacEsq :

How much has he driven the vehicle?

Customer:

Two months. He got it on Feb. 9th 2011

RGMacEsq :

Thank you. I mean how many miles has he put on the vehicle from the beginning, and how many were on it before he got it?

Customer:

I do not have that exact answer at this moment as the paperwork nor the car itself is with me. Can I log in this evening or tomorrow to get this answer?

RGMacEsq :

Sure, although that is not really necessary to get a more abstract answer as to what to do. What was the car purchased for?

RGMacEsq :

That is, the purchase price?

Customer:

$8379 plus $2000 deposit = 10,379

RGMacEsq :

Basically, at this point, he needs to contact the dealership and let them know they have X days (7, 14, it's up to him) to either (a) get and deliver clear title to him, or (b) return his down payment in exchange for the vehicle, otherwise he will sue them for breach of contract and breach of warranty of title.

RGMacEsq :

He should do this verbally and also send a demand letter demanding this within X days, otherwise he will pursue legal action against them, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand.

RGMacEsq :

Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.

RGMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you very much for your information. So he doesn't need to get a lawyer for this situation? Will going through small claims court be a long process? Since the temporary tags expire tomorrow, he will now need to rent a car. Can he sue for these expenses as well?

RGMacEsq :

He does not need a lawyer, and small claims is actually a pretty short process (generally less than a month). He could also sue for the direct expenses that he incurs. Now the dealership might claim that they mitigated the harm, and that he shouldn't recover, because of their offer to pay the tickets. But that would presume that he was breaking the law. Basically his argument was that they told him to break the law, and that they would pick up the tab for that. He can say that this is unacceptable, and that he can't knowingly break the law.

Customer:

Well that's exactly what he told the dealership and so here we are. Thank you again. And so I'm going to click the ACCEPT button now. I will keep you posted.

RGMacEsq :

thank you, XXXXX XXXXX good luck to you, and to your friend!

Customer:

Thank you.

RGMacEsq :

You're welcome, and again good luck!

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