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JENN
JENN, Paralegal
Category: Criminal Law
Satisfied Customers: 184
Experience:  I have a B.A Degree. in Business Management. I have 6 years as a Paralegal.
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My brother in law, while under the influence of alcohol ...

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My brother in law, while under the influence of alcohol (noticeably drunk) went to an auto dealership and traded in my sister's car for a new vehicle while she was out of town. His name is XXXXX XXXXX the car he traded in, and my sister did not sign paperwork. Needless to say, when my sister returned and a new vehicle was in the drive, she was livid. What recourse do they have? Of course, now that he's sober, he realizes what a dumb thing he did. She called the auto dealer, and they have been yanking her chain....Please advise asap!! This took place Tues. and there is proof that police picked my brotherinlaw up and brought him home very inebriated only a short time after this took place.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  JENN replied 6 years ago.

Hi there,

How was he able to trade in the car when his name is XXXXX XXXXX the title?

Thanks!

Customer: replied 6 years ago.
That's what I don't understand......the dealership took the vehicle and my sister has called them and told them the trade in was not in his name, therefore he couldn't trade it in......they blew her off....and told her they would have to 'look' at the paperwork.
Customer: replied 6 years ago.
She still has the title in her possession, but isn't sure if he signed the registration or not and he can't remember....but regardless, his name is XXXXX XXXXX it.
Expert:  JENN replied 6 years ago.

Hi there,

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!

JENN, Paralegal
Category: Criminal Law
Satisfied Customers: 184
Experience: I have a B.A Degree. in Business Management. I have 6 years as a Paralegal.
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I have a B.A Degree. in Business Management. I have 6 years as a Paralegal.