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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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I recently purchased a new Hyundai Elantra and after having

Customer Question

I recently purchased a new Hyundai Elantra and after having to take it back to the dealer several time to fix because the check engine light would not go off they finally gave me another car. Now three weeks later I receive a title in the mail for the original Hyundai that is a clear title. So does that mean I own that other car.
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.

If I may ask, did the dealer formally replace this under 'lemon law'? Or they just gave you a new vehicle without any documentation?

Customer: replied 1 year ago.
they just replaced the car
Customer: replied 1 year ago.
the only documentation was the same paperwork but for the new car that I signed when i purchased the first car
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

You need to speak to the dealer and invoke the 'lemon law' claim. Then request that they take back the new title, and provide you with the title for the new car. You cannot own both vehicles as the dealer could then potentially demand that you pay for both. But it appears that they ended up replacing the vehicle to avoid a claim, so you would have to return the title and ask that they reissue based on the new vehicle, new vin, and new ownership under your name.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
The new car is owned by the bank as i financed it but it appears they messed up the paperwork on the first car when the dealership paid it off and it went thru as if I had paid it off
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

That sounds about right. I suspect they didn't notify the creditor correctly--they claimed that you paid this off but you never signed-off on the assignment of the loan for the new vehicle. You need to do that as well--this appears to be an error, and it won't invalidate your actual loan. I still urge you to contact the dealer and get them to amend the paperwork so that you aren't pursued for a phantom loan in the future.

Sincerely,

Dimitry, Esq.

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