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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I was sold a vehicle in Georgia (a 48 trailer) without a VIN

This answer was rated:

I was sold a vehicle in Georgia (a 48' trailer) without a VIN plate. Is that legal?

Dimitry Esquire :

Thank you for your question. Please permit me to assist you with your concerns.

Dimitry Esquire :

Is the vehicle able to be lawfully used in the state that you purchased it from without a VIN, or did it have to be registered? Or you do not know?

Customer:

my question to you is, is it legal in the state of Georgia to sell a vehicle without a VIN plate, from my knowledge, it is not. You are asking the same question that I am asking

Dimitry Esquire :

Oh, I am sorry, I misunderstood. Some vehicles, especially small hitches, can be sold without a VIN plate. I am researching whether this is permitted or not.

Customer:

This is a 48 foot medical coach

Dimitry Esquire :

Then that's a completely different issue.

Dimitry Esquire :

That type of a coach cannot be sold without a VIN

Customer:

that is what I was told

Dimitry Esquire :

You can contact your local DMV and ask if you can register it with them since you did not obtain the VIN form the seller

Dimitry Esquire :

But otherwise this sale can be reversed

Customer:

I don't want to register it, I just want my money back

Dimitry Esquire :

Purely because the item sold is unusable based on the implied warranty

Dimitry Esquire :

The implied warranty being that the coach can be registered and legally utilized on the road.

Dimitry Esquire :

If he fails to return the funds, send a certified letter giving a deadline.

Dimitry Esquire :

Then, if he still ignores you, depending on the value, consider small claims or county court.

Dimitry Esquire :

If this is a dealer then you could also use the state's Attorney General's office, but I am assuming that this was a private sale.

Dimitry Esquire :

If private, then small claims or county court in the county where the seller is located is where you would need to pursue this individual.

Customer:

It was private

Dimitry Esquire :

May I ask what the amount was?

Dimitry Esquire :

So I can then see if this is small claims or if it is higher court.

Customer:

$22,500.00

Dimitry Esquire :

Okay, that is not small claims, too high--you would need to pursue this via county courts.

Dimitry Esquire :

You might need to consider retaining counsel to file for you. He could seek attorney fees as part of judgment but there is no guarantee they would be granted.

Customer:

all I really need is the name or number of the Georgia Statute and present it to the seller and he will return it

Dimitry Esquire :

I believe I found the statute for you.

Dimitry Esquire :

Please review below:

Dimitry Esquire :

http://law.onecle.com/georgia/40/40-2-3.html

Dimitry Esquire :

Any person who shall make any false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, shall be guilty of false swearing, whether or not an oath is actually administered to him, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71.

Dimitry Esquire :

Hope that helps and please let me know if I can assist you in any other way.

Dimitry Esquire :

Otherwise if satisfied, please do not forget to positively rate my answers to you so I may obtain credit. Thank you!

Customer:

that is really helpful. Thank you

Dimitry Esquire :

Glad to help, and I wish you luck!

Dimitry Esquire :

Please do not forget to rate my work, thank you!

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