Consumer Protection Law
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No. Under California law, it would be unlawful for a dealer to sell a vehicle with a lien and not disclose that fact.
A dealer must convey clear title with a vehicle.
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.
the title has lien with bank name
It still would be unlawful under New York law.
It would be unfair/deceptive trade practices.
I would file a complaint with the FTC:
if the dealer dont give me refund what can i do? he has not shipped me the truck yet.
and the California and New York Attorneys General. This can be done online.
Then it becomes and even more significant criminal matter.
Federal wire fraud laws would be involved.
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
I've had a case similar to this where the FBI was the lead enforcement agency because the fraud was across state lines.
It would be more significant if the seller were a dealer.
However, that distinction goes away if they fail to deliver the vehicle.
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.
I would not wait any longer. I would pursue it now.
so should i call the dealer first or wait for the bank to contact me about the lien fee
I would contact the dealer and demand that they take care of the lien and to ship the vehicle with clear title.
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.
should i file police report here in san francisco or new york?
I would start with San Francisco.
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.
i didnt sign the lien title because i dont know how much is owed
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.
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.
i think i made a big mistake buying on ebay
thank you for your help
I have seen some good experiences, but also some very bad. One very similar to yours.
The best thing to do is to take action immediately.
put everything in writing
file the police reports quickly
i just cant believe the dealer would stay quiet about the lien issue
The sooner you act, the better chance you have of recouping at least some of your money.
The failure to disclose the lien is a big red flag, which is why I would go on the attack right away.
if i file a police report what can the police do?
You have the address you sent the money to. Take action before that address become bad.
First file the police report.
Many municipalities have laws against this kind of internet scam.
Once you have the police report, contact the local office of the FBI.
Also, contact the local police in the municipality where you sent the payment.
Get that police report to the FBI]
That's all you can do at this point.
But you need to do it quickly.
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thank u sir. i appreciate ur help.
You are welcome. Good luck.
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