Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello, and welcome. I am a licensed attorney and happy to assist.
If the guy is refusing to send you the title, despite your requests and demands, you could file an action for injunctive relief in small claims court, and the court will order the guy to provide the title. In the event it the title is not being provided because it has been lost, the previous owner is under a legal abrogation to get replacement title and forward it to you. This is because, given your agreement to purchase/trade the car and your actual purchase or trade of the car, the former owner is legally required to do whatever is necessary to complete a proper sale. This is the case even if there is no writing to that effect. Again, if the other party refuses to do so, you could bring an action in small claims court to force his hand.
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