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I put a $500 deposit on a truck I saw on line with a large used car dealer. The dealer was in Kansas City Kansas. Once I figured out how I would get there I called them and told them I would be there on Saturday and therefore to have the truck ready. I flew there, spent the night in a hotel and drove my rental car to the dealer. It was obvious that the truck had not been moved since I called as it had a partially flat tire when they brought it from the storage lot. I took it on a test ride and it did run but not well. I mentioned all the things I could tell were wrong without a mechanic looking at it. I had given them five days to get the truck ready and now they offered to have the mechanic look at it late on a Saturday afternoon. I declined as the place was packed with customers and what were the chances any major repairs would be done when parts stores were closed and that late in the day. The warranty was that I had 1000 miles or 30 days to get the truck repaired by them. I had given them five days to fix it and now I was going to put over 1200 miles on it taking it home. They had failed to live up to their part of the warranty by not correctly repairing the truck before I left. Why would I believe they could do any more by leaving the truck there longer? I paid the balance on the truck and started to drive the 1200 miles back to Pa. I nursed that truck for four days and when it got back I took it to a repair facility and spent about $1500 which I totally expected as the price of the truck was very low. The dealer list that only the Odometer was broken. I also purchased another $200 in parts I wanted to repair myself. After two weeks I got the title in the overnight mail and then I went to AAA to get the title transferred in my name. I found out the title had a lien on it and it could not be registered. I looked over the car fax report and found there was a lien in 2004 but it was not listed in subsequent years and that’s why I thought this must be a mistake. I have called the dealer and talked to the woman who signed off on the title for the dealer and she has promised to send me a copy of the release of the title as she believes it is clear. This has gone on for two and half months with repeated calls to her and others and emails but I have not got a title release. I have signed an agreement that any dispute would be handled by an arbitrator at the time of the sale. The sale was on two credit cards which were both notified and they gave me a temporary refund but have both reinstated my charges. I am paying lot rent on a vehicle I cannot leave on the street as the temporary tags have expired. I have gone through much travel expense, the cost of the vehicle, the cost of transporting the vehicle, days of valuable time driving and calling to resolve this issue, as well as losing the job I was supposed to have as soon as I got the vehicle. My questions are ...Do I need a lawyer for arbitration? What kind of lawyer? Are all of my expenses and lost income recoverable if I am found in favor in arbitration? I am in Allentown Pa. Who is the right kind of lawyer to look for? Now I know how to get the title released from research but thats not the point. This dealer has given me the run around and I want the value of what's due me.
Optional Information: Country relating to Question: United States State (if USA): Pennsylvania Already Tried: Repeated calls and emails to the dealer in Kansas City speaking to the woman who signed the title over to me as well as the salesman. They tell me they will do something to resolve the problem then I wait andnothing happens. I have all the documentation from the sale, the title with the lien, the written communication with the credit card companies and the phone records from the phone company. (Times and Dates)
Do I need a lawyer for arbitration?A: No, but a lawyer may make your presentation to the arbitrator more convincing.What kind of lawyer?A: Civil litigation/arbitrationn.Are all of my expenses and lost income recoverable if I am found in favor in arbitration?A: Damages must be the reasonably foreseeable. If you successfully claim that the condition was vehicle title was misrepresented to you, then you could probably obtain damages for all of the costs that you would have avoided had you known that the vehicle could not be transfered to you free and clear -- because you would have never engaged in the transaction in the first place.I am in Allentown Pa. Who is the right kind of lawyer to look for?A: You will have to sue in Kansas, because that's where the transaction took place. For a lawyer referral, see this link. Hope this helps. NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer. And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks! Please Click the following link for IMPORTANT LEGAL INFORMATION.
I wrote in my story that
"I have signed an agreement that any dispute would be handled by an arbitrator at the time of the sale"
I thought that I had to use an arbitrator and that a lawsuit was not an option. Is that true?
The location of the transaction may be questionable as I did all my research, negotiation and deposit from my bedroom in Pa.
There has not been a transaction. They took a deposit on the phone from Allentown Pa. They took the balance on another credit card when I got there in person in Olathe Kansas. Paperwork was done and the promise of a title was given in Olathe Kansas.
I received a useless title in Pa through an overnight delivery service.
I have not obtained ownership of the van since the title had a lien on it so there was not a transaction. Only a promise of a transaction which was not fulfilled.
They have misrepresented their ownership of the van as the lien is previous to the auto dealer's posession.
They attempted to sell a vehicle that they did not own and took over $2200 of my money and many thousands of dollars in lost work and expenses related to my trip to obtain the van
A: If the parties to a contract with an arbitration provision permit the court to consider the case without challenge, then they waive their rights to arbitration. Sometimes it's cheaper to go to small claims court than to arbitrate. However, if you and the other party are willing to arbitrate via a telephone hearing (or, base your entire case on written evidence and pleadings), then arbitration would certainly be a less costly exercise than your having to travel to Kansas.
A: Most of the case law in this area provides that jurisdiction is in the seller's location, unless the seller intentionally directs its marketing into the buyer's jurisdiction. Also, as a practical matter, with a business that has assets located outside the buyer's jurisdiction, even if you litigate/arbitrate in your jurisdiction, you will have to register your judgment/award in the other jurisdiction in order to effect any collection. So, there's probably no avoiding going back to Kansas at some point in the process.
They have misrepresented their ownership of the van as the lien is previous to the auto dealer's possession.
A: I think your argument has merit.
Note: In some jurisdictions, the transfer of a vehicle with an unpaid lien is a criminal fraud. You may want to contact the county prosecutor where the dealer is located and ask about this. Because if it is a crime, then that changes everything, and you may not have to do anything to collect, because the DA will do it for you.
Hope this helps.
NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer. And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks! Please Click the following link for IMPORTANT LEGAL INFORMATION.
Experience: Retired (mostly)
I think you have given me sufficient info to go on. I am going the way of the District Attorney from the area of Olathe Kansas.