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Dave Kennett
Dave Kennett, Lawyer (JD)
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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are you still liable if you sign a retail installment ...

Resolved Question:

are you still liable if you sign a retail installment contract with a car dealer, and you recieve the title to the car with no lien on it for the car a month later, and never recieved a bill?
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- The contract would still be a valid contract regardless of the title. It may impair the lender's lien if they made that mistake but you would still be liable for the contract. If the contract specifically states that there will be lien on the vehicle then the lender could probably file a civil action to enforce the lien.

It is the general rule in contract law that you cannot benefit unjustly due to the simple clerical mistake of one of the parties.

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 7 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Dave Kennett's Post: thanks for the anwser. I am still liable if i never recieved a bill from the dealership or the bank and had the car for 7 months?
Expert:  Dave Kennett replied 6 years ago.

The contract is still a valid contract and 7 months is certainly within the statute of limitations in any state. Obviously this was a clerical mistake on their part and you might be able to argue that at the very least your payments shouldn't start until you receive the first bill and that you wouldn't have to pay all 7 months at once. Their argument, of course, would be that you knew about the obligation.

Dave Kennett

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27685
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 7 other Legal Specialists are ready to help you

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