I bought a vintage car from a guy in Alabama. It requires a notarized bill of sale and registration documentation to title in Tennessee where I live. He only provided a non-notarized Bill of Sale and registration turns out to be in his brother's name. He will not respond to my calls/letters. Can I sue him in Alabama court for Fraud?
Country relating to Question: United States
State (if USA): Tennessee
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good evening. A buyer in your position does have recourse. If a seller is not willing to remedy the situation by refunding thebuyer's money, the buyer can file a claim not only as a Breach of Contractcase, but also as a Deceptive Trade Practice action, which will entitle thebuyer not only to actual damages, but also an additional amount equal to 3times that as Punitive Damages. That typically provides plenty of incentive forthe seller to settle this on the buyer's demands rather than to face thepossibility of these punitive damages; but, if it does not, the buyer has theright to file the suit.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Do I need to hire an attorney in Alabama or can I hire a local attorney in Tennessee to file the suit?
Unfortunately, you will need to engage an attorney in Alabama since he/she will need to be licensed in Alabama in case the case goes to trial. But, you can have an attorney in Tennessee send the demand letter...many times all that is necessary is the demand letter to get your money back.
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