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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116771
Experience:  Attorney experienced in commercial litigation.
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Dealer has not given title and paper tag has exspired

Customer Question

dealer has not given title and paper tag has exspired
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the dealer has not provided proper title, this is a breach of the implied warranty of merchantability and grounds for you to rescind the sale.

To start, you need to write a letter to the dealer telling them you are putting them on notice that they are in breach of the implied warranty of merchantability and you are giving them 7 days to cure the breach. Tell them that if they fail to cure the breach, your next step will be to file complaints with both the State Attorney General Consumer Protection Unit and the DMV Dealer Licensing Unit for the dealer not providing proper title in accordance with the law. Tell them at that point you will demand they refund your money and costs or pay you damages for not being able to get the car registered because they have not provided proper title on the car so you can register.

If they fail to respond to your letter and cure the breach of the merchantability, then you need to follow through and file the complaints and seek to recover your money back and return the car to them.