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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7416
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I live in Charlotte North Carolina and purchase a used car

Customer Question

I live in Charlotte North Carolina and purchase a used car from Honda of Concord on June 2, 2016. I still do not have my permanent tag. When i spoke to the general manager on
July 18th I was told that Hyundai had not released the tag to them from the previous owner. The dealership has had ownership of this car since 4/19/16. My question is should they have sold me the car without having the title?
Lucie Lucke
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 4 months ago.

I am sorry to hear this; have the temporary tags expired?

Customer: replied 4 months ago.
then I was sent another one that will expire in three days.
Expert:  LegalGems replied 4 months ago.

Thank you;

If a car is being driven without proper tags that exposes the driver to a citation and many penalties that the driver would be responsible for. If the dealer is willing to provide temp tags until the permanent ones arrive, then that would avoid that; however, the consumer should set a deadline as normally the tags are provided during or shortly after the transaction. It is possible for the dealer to post an indemnity bond to obtain a title through the DMV and that may be an alternative solution.

However, if it appears that the dealer does not have the title/tags and that they won't be coming anytime soon, the buyer can sue for breach of contract; a breach of contract suit alleges that the seller did not conform with the provisions of the contract. When a person sells a car, there is a presumption that this includes the legal document evidencing ownership. If the dealer is not in possession of this and is unable to transfer this to the owner, the buyer can void the contract. This means that money paid would be returned, and the vehicle would be returned. The dealer could deduct costs for reasonable use, usually based on mileage. If the buyer writes a demand letter, requesting either the required documents or an indemnity bond title by X date, or they will consider the dealer in breach, that often resolves the issue.

You can also file a complaint here (checking the last box "title issues")

Further questions? Please post here to continue the chat.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
Where is the box that I need to check to file a complaint. It says by checking the last box "title issues" I don't see that box.
Expert:  LegalGems replied 4 months ago.

I'm sorry - for some reason I can't get the document to link- that service must be down; you can access it by copying and pasting the below in to your browser:

http://www.ncdoj.gov/Consumer/2-2-12-File-a-Complaint/Motor-Vehicle-Complaint-Form.aspx

make sure there are no spaces before or after:

you will see half way down:

New car sales practices

Used car sales practices

Warranty

Repossession

Towing

Manufacturing Defect

Repairs

Financing or leasing

Damage disclosure

Title issues

Expert:  LegalGems replied 4 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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