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Richard, Attorney
Category: Legal
Satisfied Customers: 54725
Experience:  Attorney with 29 years of experience.
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i purchased a 2001 bmw from a person and apon him finding the

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i purchased a 2001 bmw from a person and apon him finding the title i would pay the last payment of 1200.00 he has yet to produce a title and i have had the car for 5 months and cant use it becase i cant register it. i have a hand written bill of sale and 2 witness sigitures i have made many attemps to pay but to no avail and now he wont return my calls or e mails what can i do i either want my money back plus damages for the fact i cant use the car and its been stored at my house taking up space, or i want the car with no strings attached is this something that can be done ?

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. You absolutely have a cause of action here; and to get action, you want to raise the stakes. . Send your seller a certified,
return receipt requested letter detailing the history and demanding that they deliver you clean title or refund all your money within a short
specified period of time. Inform him that if your demand is not timely
complied with, you will have no choice but to file a suit against him for your
damages. Be sure to specifically mention that you will be filing this claim not
only as a breach of contract case, but also as a deceptive trade practice
action, which will entitle you not only to your damages, but also an additional
amount equal to 3 times that as punitive damages. That should provide plenty of
incentive to comply with your demands; but, if it does not, file your suit.

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Customer: replied 4 years ago.

ok one problem he no longer lives at old address and all i have are e mail address and phone numbers and i will not be here to file a suit as i work in new zealand and stay there for 6 months at a time, can i just file for lost title with the bill of sale i have witch dose say it is paid in full.

Thanks for the additional feedback. Yes, you can use your bill of sale to file for a lost title. The only issue will be is if there is an outstanding lien that hasn't been paid. Although that gives you a claim against your seller, the lienholder is not obligated to release its lien until paid. You might want to send your seller an email, rather than a letter, regarding the info I provided above. If there is an outstanding lien, the statute of limitations is several years, so you could file your suit when you return.
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