Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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The law is the common law warranties that apply to EVERY sale. The common law warranty of merchantability is what applies here. The common law warranty of merchantability states that the seller must provide a title that can be transferred to the new buyer. If there is a lien on the title, the title cannot be transferred and as such the seller has violated the implied warranty of merchantability that applies in EVERY sale. Also, the implied warranty of good faith is another warranty that applies. The implied warranty of good faith is in every sale and it says the seller cannot misrepresent or fail to disclose a major defect in the item being sold and a lien is a major defect, since the lien must be paid off by the seller to clear the title to be transferred.
Thus, the seller can be sued to rescind the sale for breach of the two implied warranties.
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He does not have such a right and you have a right to sue him for the vehicle. The bill of sale is all that is needed, he can send the title later. You need to inform him he is in breach of the contract and if he does not turn over he car, you will sue him for breach of contract.
Thank you for your reply.If you paid in full to the seller, you are entitled to the vehicle. If he is not giving you the car, he is in breach of contract.