If he does not accept the vehicle, there is no question thatyou should file a lawsuit. Your rights are based squarely on the law of contracts; you paid the dealer and in exchange, the dealer was to sell you the vehicle and transfer title, but the vehicle was sold (as most pre-owned vehicles are sold) "As Is", Well, you paid the dealer, and the dealer sold you the vehicle and transferred "physical" possession to you. title, the dealer transferred to you whatever was transferred to him at the auction.
1. Assume for a moment that there was nothing wrong with the title, you drove off the lot, but 10 days later the vehicle needed some expensive repairs to the engine which would cost you $750.
Q. Could you return the vehicle, or sue the dealer to recover the cost of repairs ?
A. No. Because it was purchased "As Is" and, as such, the legal principle of "Caveat Emptor" applies - "Let the buyer beware", which means the law imposes on all of us, as buyers, the obligation to have our own auto mechanic inspect the vehicle before signing the Agreement of Sale.
2. Assume the same facts, vehicle was purchased "As Is", the same mechanical problems, repairs costing $750 had to be performed, but in this instance, the title to the vehicle had some problems, but they were not discovered until attempt to register the vehicle.
Q. Would the dealer be legally obligated to reimburse the buyer for the $750 in repair costs ?
A. No. Because the buyer again bought the vehicle "As Is" and as such, the legal principle of "Caveat Emptor" still applies and the dealer has no liability or obligation to reimburse a buyer who bought a vehicle "As Is". The mechanical problems are separate and apart from the title problems which the dealer imust fix in order to transfer clear title to the buyer.
I never predict what a Judge will do,; sometimes they rule according to the law, sometimes they rule with their feelings. it is conceivable that you can argue that you made these repairs and incurred these costs in reliance on the vehicle's title being clear and had you known that it would be problematic, you would not have incurred these costs. That, basically, is the only argument that you can make, but it is not a very strong argument, but you can always try because you have nothing to lose.
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