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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
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Last month on May 15th...I "won" a boat and trailer combination

Customer Question

Last month on May 15th...I "won" a boat and trailer combination from the well known and mega-large "Copart" vehicle salvager. Because of some state-to-state laws, people cannot directly bid and then purchase vehicles in another state--and as such they must use a "bidding agent". My "bidding agent" is located in Oregon. I paid for the boat and trailer, and then it was shipped up to me in Washington State. Approximately 3-5 days later, documentation was delivered to my home (title, Bill of Sale etc.) Last week I went to re-title the boat and trailer-------only to discover that the documentation I was sent DID NOT include the title to the trailer. Now I cannot legally transport this boat on WA. State roadways or face not only a ticket, but boat and trailer could be impounded. Also. Many storage facilities will NOT allow any vehicle on their premises unless the vehicle is registered with the state....AND registered to the individual who is on the storage contract. Lastly. Insurance companies cannot insure a vehicle (or trailer) that does not legally belong to me. I have contacted my "bidding agent" in Oregon, who finally admitted they failed to obtain and send me the trailers title, and are now in the process of finding out where it is and will send it to me, "...as soon as possible..."
I can't move this boat/trailer combination. I can't store this boat/trailer combination and I can't insure this boat/trailer combination....and I'm furious.
Question: What are ALL of my options......
Do I have grounds to return this boat and trailer combination.....YES or NO. Thank you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
It sounds as if your bidding agent was the one who made the mistake and failed to obtain title. Is that about right, or was there an actual issue with title from the original vehicle salvager that was not disclosed to you or the agent?
Customer: replied 1 year ago.
How should I know. I asked what my options were Either provide this information or we're done and I'll contact JustAnswer with a complaint. I'm not in the mood for nonsense this morning
Expert:  Dimitry Esquire replied 1 year ago.
Sir,
That isn't nonsense, and while I realize that you are genuinely angry and anxious, I did not ask this information purely for an inane purpose. The problem is if this is your agent's fault then your only recourse is against the agent as he messed up the sale. The problem with that is since the agent was working for you, you are liable for his errors--that means you CANNOT return the purchase as his fault is attributed to you (because he was working for you). That also means that you can sue him for your damages but have no grounds to return the purchase or otherwise demand a refund. On the other hand if this was the fault of the salvager who failed to inform of an adequate title or failed to disclose that no title existed, then the sale can be arguably deemed fraudulent and would permit you to return the vehicles and demand full reimbursement.
Take care.
Sincerely,
Dimitry, Esq.