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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11657
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I bought I used suv in the beginning of april 2013 and was

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I bought I used suv in the beginning of april 2013 and was given a title that was wrongly signed and was told to return it to dealer to have them fix it and it has been about 4 months now and no title can I get all my money back?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

 

 

Ordinarily, you would not be able to return any vehicle to a dealer once you have taken possession, but you can get around that rule by notifying the dealer in writing (so that you have a record) that:

 

 

1. You have repeatedly asked for proper title to be given to you for the SUV;

 

2. Despite your numerous requests, it has now been four months and he still has not given you the title to the SUV properly executed;

 

3. If he does not deliver the title to the SUV to you, properly executed within 5 business days, you will return the SUV.

 

Then, if the dealer has not delivered to you the title to the SUV within 5 days, take the SUV back to the dealer and tell him he can keep it and you want a refund. He will not be so anxious to give you a refund, especially since you have driven it for 4 months, but the dealer will have no choice.

 

On the other hand, if the dealer gives you the title, properly signed within that 5 day period, you will have to keep the vehicle. It is a longshot, but it is the only way that you would be able to return the SUV to the dealer,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,



If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Customer: replied 1 year ago.

but my understanding is the dealer has 30 days to produce correct title?

Expert:  Andrea, Esq. replied 1 year ago.

Hello, Bill

 

You stated that the dealer gave you title, but it was "wrongly signed"

 

 

Please clarify exactly what was wrong with the title that the dealer gave you,

 

 

Thank you,

 

 

 

Customer: replied 1 year ago.

yes, so april 7th I bought vehicle and was told he was waiting for title from previous owner at the end of may he gave me title but the previous owner signed their name in the buyer section instead of sellers so dmv told me to return the title and tell him to get it fixed

Expert:  Andrea, Esq. replied 1 year ago.

According to the Colorado Revised Statutes, when the sale involves a used vehicle, the previous owner must endorse the title and in this case, the previous owner made the mistake. The dealer's mistake was in not having the buyer endorse the title over to the dealer once the buyer gave it to the dealer, whether by sale or as a trade-in. The Statute was enacted to prevent the sale of stolen vehicles and where the title could not be traced to the previous owner. In a situation where theft is not involved and a dealer gives the buyer a Certificate of Title improperly endorsed by the previous owner, the new buyer does not have an absolute right to return the vehicle because of the mistake of the previous owner. Had the title been totally invalid, the DMV would have told you that it was invalid, it would not have simply told you to have the dealer correct the title.

 

If you are unhappy with the vehicle, you can return it in the manner I described in my previous Answer, not by contesting the fact that the dealer did not give you title within 30 days.

 

I wish I could give you the Answer you want to hear, and it would have given me
great pleasure to do so, but I have an ethical obligation to you to give only correct answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,

 


Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

Andrea, Esq., Lawyer
Satisfied Customers: 11657
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 10 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Although it was not the answer I was looking for you gave me more help than the attoneys in my state thank you for your answers

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