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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4385
Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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Is legal for used car company on eBay to sell used truck that

Resolved Question:

Is legal for used car company on eBay to sell used truck that has lien title? And not discuss with you about the lien title?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

No. Under California law, it would be unlawful for a dealer to sell a vehicle with a lien and not disclose that fact.

J.Hazelbaker :

A dealer must convey clear title with a vehicle.

Customer:

but since i bought it on ebay and the dealer is in NY does the law still apply? i already paid bank money order 10days ago and they sent me keys with lien title.

Customer:

the title has lien with bank name

J.Hazelbaker :

It still would be unlawful under New York law.

J.Hazelbaker :

It would be unfair/deceptive trade practices.

J.Hazelbaker :

I would file a complaint with the FTC:

J.Hazelbaker :

www.ftccomplaintassistant.gov

Customer:

if the dealer dont give me refund what can i do? he has not shipped me the truck yet.

J.Hazelbaker :

and the California and New York Attorneys General. This can be done online.

J.Hazelbaker :

Then it becomes and even more significant criminal matter.

J.Hazelbaker :

Federal wire fraud laws would be involved.

Customer:

i also tried to find the dealer website in NY and i couldnt find it so i dont know 100% if this is dealer or private seller

J.Hazelbaker :

I've had a case similar to this where the FBI was the lead enforcement agency because the fraud was across state lines.

J.Hazelbaker :

It would be more significant if the seller were a dealer.

J.Hazelbaker :

However, that distinction goes away if they fail to deliver the vehicle.

Customer:

is there a time limit when the dealer have to deliver the vehicle to me? when i bought the truck on ebay he promised to ship it within 1wk and i still wait.

J.Hazelbaker :

I would not wait any longer. I would pursue it now.

Customer:

so should i call the dealer first or wait for the bank to contact me about the lien fee

J.Hazelbaker :

I would contact the dealer and demand that they take care of the lien and to ship the vehicle with clear title.

J.Hazelbaker :

If you can't get them or they balk at any of your demands,. then I would immediately file a police report and the complaints.

Customer:

should i file police report here in san francisco or new york?

J.Hazelbaker :

I would start with San Francisco.

Customer:

since the lien title is not in my name yet, im not obligated to pay the bank right? i did not sign anything as of yet from DMV or bill of sale. i only paid the car dealership money order.

Customer:

i didnt sign the lien title because i dont know how much is owed

J.Hazelbaker :

Correct. You are not obligated to pay the lien. But you won't be able to title the vehicle in your name until the lien is paid/resolved.

Customer:

i paid the dealer $12250 money order. the price was too good to be true and i got scammed. i had to save 2yrs for that amount.

Customer:

i think i made a big mistake buying on ebay

Customer:

thank you for your help

J.Hazelbaker :

I have seen some good experiences, but also some very bad. One very similar to yours.

J.Hazelbaker :

The best thing to do is to take action immediately.

J.Hazelbaker :

put everything in writing

J.Hazelbaker :

file the police reports quickly

Customer:

i just cant believe the dealer would stay quiet about the lien issue

J.Hazelbaker :

The sooner you act, the better chance you have of recouping at least some of your money.

J.Hazelbaker :

The failure to disclose the lien is a big red flag, which is why I would go on the attack right away.

Customer:

if i file a police report what can the police do?

J.Hazelbaker :

You have the address you sent the money to. Take action before that address become bad.

J.Hazelbaker :

First file the police report.

J.Hazelbaker :

Many municipalities have laws against this kind of internet scam.

J.Hazelbaker :

Once you have the police report, contact the local office of the FBI.

J.Hazelbaker :

Also, contact the local police in the municipality where you sent the payment.

J.Hazelbaker :

Get that police report to the FBI]

J.Hazelbaker :

That's all you can do at this point.

J.Hazelbaker :

But you need to do it quickly.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

thank u sir. i appreciate ur help.

J.Hazelbaker :

You are welcome. Good luck.

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