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I bought a car and the seller signed the title and a bill of

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sale but his wife did...
I bought a car and the seller signed the title and a bill of sale but his wife did not sign the title. The car had multiple problems and the wife will not sign the title. what options do I have to get the title transferred
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 1 minute by:
8/30/2016
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35,839
Experience: 30 years experience in general legal matters.
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Good evening. I am Loren, a licensed attorney and I look forward to assisting you.

What was the purchase price?

Which state?

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Customer reply replied 1 year ago
Virginia and 7000
Customer reply replied 1 year ago
Sorry The car is from Maryland my son bought it while living in Virginia and is driving back to California with it
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information.

Implied in every auto sale contract is the obligation to provide clear and merchantable title.

If the seller can not or will not provide clear title then your son will need to sue for breach of contract. Unfortunately, he would have to sue where the seller lives and the car was purchased. If he prevails, he is entitled to recover the money damages and court costs.

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Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information.

Implied in every auto sale contract is the obligation to provide clear and merchantable title.

If the seller can not or will not provide clear title then your son will need to sue for breach of contract. Unfortunately, he would have to sue where the seller lives and the car was purchased. If he prevails, he is entitled to recover the money damages and court costs.

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Customer reply replied 1 year ago
Because we have the bill of sale they cannot take the car back. it shows we purchased it
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

It is going to be difficult without the title and both signatures on the title. Your son will need to sue the seller.

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Customer reply replied 1 year ago
I understand we need both signature but the seller cannot try to repossess the car because the wife did not sign it. Are you saying she could argue she did not agree to the sell. In that case I do have text messages that prove that she agreed and do not want to take the car back when we show d her the bill to fix it is 6000 dollars.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

Until the title is transferred, repossession is a risk. However, it would expose both sellers to a claim of fraud since money changed hands and they are in breach of contract.

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Customer reply replied 1 year ago
I have text messages that the wife sent saying she was sorry we are not happy with the car but we bought it and they can do nothing since the tags were turned in at the dmv. Can they take the car back even though the message from the wife states they sold us the car? Remember her signature is the missing piece. I'm trying to resolve in the simplest form before taking it to court.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago
Until title is actually in your name they are still the legal owner and your remedy is to sue in court. So, yes, she can take the car, but it will be a breach of contract and they will have additional liability to you.
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Customer reply replied 1 year ago
Ok then he should carry the bill of sale at all times. Can she report the car stolen if she gets nasty? He is driving crosse country the next two weeks. I don't think they are that smart but you never know they took advantage of a 21 year old college student.
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago
The police will not take a theft report because it was not stolen. They will tell her it is a civil matter. Yes, he will need to keep the bill of sale on his person when he is driving the car.
Without temporary tags, he is liable to get pulled over and be required to show proof of ownership.
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Customer reply replied 1 year ago
The dmv gave him temporary tags so that is good news. Any other advise for the 21 year old? Other than to try to get the signature?
Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago
The signature is essential and if she will not sign after he has paid the purchase price then he will need to sue to either get the signed title or a refund.
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Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is NO additional charge to you for leaving a positive (5 stars) rating on this page.Thanks.
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Consumer Protection Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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Loren
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