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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111635
Experience:  Attorney experienced in commercial litigation.
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I'm having issues with a dealership and getting my tags.

Customer Question

I'm having issues with a dealership and getting my tags. They sold one of my trade ins during spot delivery on a vehicle that I was going to purchase but financing didn't go through. They finally got it back 3 weeks later but the engine was messed up. Had it inspected, the timing had jumped while at auction plus an extra 1000 miles were on it. They just rushed to get me financed on something different a bunch of B.S. in between I ended up buying a different car from them. They took my trade in that they sold to auction and I brought my other trade in and the title to them and a salesman took it and drove to the back, They are now claiming they don't have the title and they lost the car, One of the salesman told me that they took that one to the auction too. Now the dealership is saying they wont register my car or get my tags until I get them the title and car that they already have and lost.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What do you mean they "Lost the car?" You have the one you bought from them, but one of your trade ins they cannot find but need the title from you? Did they pay you or give you credit at least for the trade in?

Have you filed for a duplicate title yet?

Customer: replied 1 year ago.
The title wasn't in my name I bought it from a guy and he handed me a title to it that was signed and notarized by the guy he bought it from. So I handed the open title to the dealership when I took them the car. Yes it was in my financing contract that I put both cars as down payment.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, you are going to have a problem here. Once you traded the car in and they credited you for the trade in, I am afraid you are bound to provide them proper title. If they lost the title, they can be liable to you for the costs of replacement, but you have to assist them in obtaining the new title replacement. If you do not, they can sue you for breach of your warranty of merchantability for trading them a car that could not be resold properly without proper title.
So you are going to have to track down the owner whose name is ***** ***** title, you can find out from DMV, and get them to get a duplicate title to sign it over to you so you can sign it over to the dealer, or you would have to go to court to file a petition to quiet title to get the title in your name and turned over to the dealer.
Now you can sue the dealer for the costs of this for losing the title you gave them, but you are going to have to do the leg work to get the title cleared or the dealer can sue you or take back the money they gave you on the car.
Customer: replied 1 year ago.
Even though they are the ones that have the title and the car? I don't think I even have the guys name who is on the title
Customer: replied 1 year ago.
it was signed and notarized so it was an open title
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Even though you turned it over to them, if they lost it they would be liable for costs you incurred, but you still have to get the proper title for them I am afraid. They cannot do it. You will have to get the name of the titled owner from DMV to get the process started I am afraid.