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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 54255
Experience:  Licensed attorney helping individuals and businesses
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Customer Question

I bought a vehicle from Ellsworth AFB in South Dakota on Jan 15 2013 using my credit card and have a receipt confirming the sale. WHEN I WENT TO THE MOTOR VEHICLE DEPT I WAS INFORMED I NEEDED A FORM SF 97{ government certificate to obtain a title} INDICATING VEHICLE WAS OWNED BY THE MILITARY AND RELEASED TO ME. SURPLUS ACQUISTION VENTURE DBA GOVERNMENT LIQUIDATION IS THE BROKER-AGENCY THAT HANDLES ALL OF THE MILITARY DISPOSAL INVENTORY.. THEY INFORMED ME THAT A REQUEST FOR THE SF 97 FORM WOULD BE $60.00. TOLD ME EVEN THOUGH I PAID FOR THE VEHICLE AND VEHICLE IS IN MY POSSESION THE UNIT BELONGED TO THEM. IREFUSE TO PAY THE $60.00 SINCE A SALE REQUIRES THE LEGITIMAT OWNER TO PROVIDE A TITLE UPON PAYMENT SO I CAN TRANSFER TITLE TO MY NAME AND GET INSURANCE. I ALSO SAID IF VEHICLE TO REFUND ME MY PURCHASE PRICE OR I WOULD CHARGE THEM { GOVERNMENT LIQUIDATION } FOR STORAGE IF THEY CONSIDERED THE VEHICLE THEIRS EVEN THO I PAID FOR UNIT IN FULL AND AM IN POSSESION OF SAID VEHICLE. WHERE DO I STAND LEGALLY?
Submitted: 3 years ago.
Category: Legal
Expert:  INFOLAWYER replied 3 years ago.
Hello and thank you for the question. Sorry you are encountering this problem.

They need to provide the form for free or otherwise cancel the contract and return your payment. They cannot seek to impose an additional fee in relation to a completed sale.

If they wanted such processing fee, it should have been included in the contract price. If they refuse, you may consider reporting them to the attorney general office as well as a civil lawsuit.

Good luck. Kindly rate the answer OK or better.
Customer: replied 3 years ago.

IN GOV LIQ "TERMS AND CONDITIONS" RE: TRANSFER OF TITLE, THERE IS NOTED SF 97 WILL BE ISSUED IF SALE # XXXXX XXXXX THAN 6000 . THE PARTICULAR SALE # XXXXX MY SALE IS 11398, WHATEVER THE HELL THAT MEANS. THIS PROCESSING FEE IS BS SINCE NOWHERE CAN ALEGITIMATE SALE OF A VEHICLE BE TRANSFERRED INTO MY NAME WITHOUT A TITLE OR IN MY CASE THE SF 97 FORM THAT IS NECESSARY FOR DMV.

Expert:  INFOLAWYER replied 3 years ago.
They had to have covered it at contract. Their failure to do so now is a waiver. They may impose additional fees to process and you have the options I mentioned above. Threat of legal action and attorney general complaint should get them to reconsider given amount involved. Good luck. Kindly rate the answer positively.
Expert:  INFOLAWYER replied 3 years ago.
What can I clarify for you? Why did you rate me negatively?

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