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Steinlaw, Lawyer
Category: Consumer Protection Law
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Experience:  Consumer law attorney, author of California Debt Blog, top foreclosure attorney
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I purchased a used BMW335ci using a broker on 2/11/10. I paid

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I purchased a used BMW335ci using a broker on 2/11/10. I paid with American Express in full. I have not received the title or plates. When I ask the broker he has informed me that the car was purchased through a BMW auction. The vehicle was repossessed. The previous owner signed off on a title with an error (40,000 miles). The car is a 2008 and had 14,000 miles. The previous owner has not come in to sign an affadavit correcting the mileage at time of transfer.
I do not believe that this person has any reason to come in and sign such an affadavit and if he has not in four months why would he? What do I do at this point in time?
I am sorry you are going through this.

You need to send the broker a letter. Give him 30 days to get you clean title or refund your money. If he does not, you then need to report him to your state Dept of Motor Vehicles, as he would be licensed through them.

While you are reporting him, you should also talk to a consumer law attorney about suing him for breach of contract (he did not have good title when he sold it to you), fraud (same theory), unfair business practices (selling a car without title) and quiet title (to get a title to the car).

It sounds like you have a good case.

Good luck.
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