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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 29016
Experience:  30 years experience in general legal matters.
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I bought a car and the seller signed the title and a bill of

Customer Question

I bought a car and the seller signed the title and a bill of sale but his wife did not sign the title. The car had multiple problems and the wife will not sign the title. what options do I have to get the title transferred
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 3 months ago.

Good evening. I am Loren, a licensed attorney and I look forward to assisting you.

What was the purchase price?

Which state?

Customer: replied 3 months ago.
Virginia and 7000
Customer: replied 3 months ago.
Sorry The car is from Maryland my son bought it while living in Virginia and is driving back to California with it
Expert:  Loren replied 3 months ago.

Thank you for the additional information.

Implied in every auto sale contract is the obligation to provide clear and merchantable title.

If the seller can not or will not provide clear title then your son will need to sue for breach of contract. Unfortunately, he would have to sue where the seller lives and the car was purchased. If he prevails, he is entitled to recover the money damages and court costs.

Expert:  Loren replied 3 months ago.

Thank you for the additional information.

Implied in every auto sale contract is the obligation to provide clear and merchantable title.

If the seller can not or will not provide clear title then your son will need to sue for breach of contract. Unfortunately, he would have to sue where the seller lives and the car was purchased. If he prevails, he is entitled to recover the money damages and court costs.

Customer: replied 3 months ago.
Because we have the bill of sale they cannot take the car back. it shows we purchased it
Expert:  Loren replied 3 months ago.

It is going to be difficult without the title and both signatures on the title. Your son will need to sue the seller.

Customer: replied 3 months ago.
I understand we need both signature but the seller cannot try to repossess the car because the wife did not sign it. Are you saying she could argue she did not agree to the sell. In that case I do have text messages that prove that she agreed and do not want to take the car back when we show d her the bill to fix it is 6000 dollars.
Expert:  Loren replied 3 months ago.

Until the title is transferred, repossession is a risk. However, it would expose both sellers to a claim of fraud since money changed hands and they are in breach of contract.

Customer: replied 3 months ago.
I have text messages that the wife sent saying she was sorry we are not happy with the car but we bought it and they can do nothing since the tags were turned in at the dmv. Can they take the car back even though the message from the wife states they sold us the car? Remember her signature is the missing piece. I'm trying to resolve in the simplest form before taking it to court.
Expert:  Loren replied 3 months ago.
Until title is actually in your name they are still the legal owner and your remedy is to sue in court. So, yes, she can take the car, but it will be a breach of contract and they will have additional liability to you.
Customer: replied 3 months ago.
Ok then he should carry the bill of sale at all times. Can she report the car stolen if she gets nasty? He is driving crosse country the next two weeks. I don't think they are that smart but you never know they took advantage of a 21 year old college student.
Expert:  Loren replied 3 months ago.
The police will not take a theft report because it was not stolen. They will tell her it is a civil matter. Yes, he will need to keep the bill of sale on his person when he is driving the car.
Without temporary tags, he is liable to get pulled over and be required to show proof of ownership.
Customer: replied 3 months ago.
The dmv gave him temporary tags so that is good news. Any other advise for the 21 year old? Other than to try to get the signature?
Expert:  Loren replied 3 months ago.
The signature is essential and if she will not sign after he has paid the purchase price then he will need to sue to either get the signed title or a refund.
Expert:  Loren replied 3 months ago.

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Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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