Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I want to return the car because I cannot register it. I do not want it to affect my credit rating.( Is it illegal for the Toyota Dealership to lease a car to me without a proper title and MCO?) I want to avoid DMV penalties and or fees if I am stopped. I do not have tags or a registration card.
Thank you for the information. I was offline when you responded to my information. Thank you very much for your patience. Your Question: I want to return the car because I cannot register it. I do not want it to affect my credit rating.( Is it illegal for the Toyota Dealership to lease a car to me without a proper title and MCO?) I want to avoid DMV penalties and or fees if I am stopped. I do not have tags or a registration card. Response: Yes, it is illegal. See California Vehicle Code Section 4150(d). You can call the dealership now and let the dealership know that you would be returning the vehicle because you can no longer wait for the Title and MCO, because of the hardship of not having the required documents to register the Vehicle in North Carolina has caused you and you do not need additional problems with North Carolina Department of Transportation. If the dealership refuses to take the car back, you may consider retaining the services of a California consumer Attorney to assist you with the case. Most consumer Attorneys would take the case on contingent fee basis. This means the consumer Attorney that you find may not charge upfront fees and may d only charge fee if she/he wins the case for you. Even then Courts do award Attorney fees to prevailing consumers so you may not have to pay out of pocket.
You can use the following sites to find local consumer Attorneys: naca.net justia.com lawyers.com
You may also consider filing complaint with the Attorney General’s Office.
I spoke to another lawyer and he said;
You need to send a demand letter to the dealership to take the car back, BUT NOT AS Voluntary Surrender BECAUSE the reason the car is being returned is because the dealership has not given you the proper documents in a timely manner in order to register the car despite your repeated requests and dealership's promise to send the documents to you. If the dealership accepts the car, but reports it to the credit reporting agencies as Voluntary Surrender, you can dispute the information on your credit file and then file a lawsuit against the dealership for unfair and deceptive act and practice if the derogatory information is not removed from your credit file.
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