Criminal Law Questions? Ask a Criminal Lawyer.
How was he able to trade in the car when his name is XXXXX XXXXX the title?
The dealership is just a responsible as your brother. More so, it sounds as if the dealership committed an act of fraud knowingly, 1) dealing with a person who was intoxicated or not of sound mind to make rational decisions, 2) trading in a vehicle that does not belong to buyer and 3) accepting the sale knowing it is not correct (this one you will have to prove beyond a reasonable doubt).
Under, KRS 367.220 statute, if you can prove that auto dealership committed fraud, you are covered under the Consumer Protection Act. You might be able to revoke acceptance of the vehicle under the Uniform Commercial Code (KRS Chapter 355). You will need to contact the Office of Attorney General to file a claim under the Consumer Protection Act http://ag.ky.gov/.
There is no statuory right to cancel the "sale". Unfortunately, Kentucky has no USED CAR Lemon Laws but they have rights to consumer against vehicle fraud.
You can file a complaint with the Attorney General's Office and with the Kentucky Motor Vehicle Commission in Frankfort. Remember neither agencies represent you. If you have more questions, I suggest you seek the advice of a licensed attorney in Kentucky.
Now, can you keep your brother out of trouble next time? :-)
Thank you and Good Luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).