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what can be done about vehicle that was sold without a signed

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title then resold again without...
what can be done about vehicle that was sold without a signed title then resold again without same , now the second person that purchused the vehicle wants my daughter to sign the vehicle over to him, the auto was towed to a garage and when my grand daughter went there to staighten things out the man told my grandaughter that the engine was shot and he would pay her$ 400.00 and he was going to scrap it. then he turned around and sold it for more money, I do not know how much money has been exchanged I do know that daughter did not want to sell the vehicle thank you
Submitted: 8 years ago.Category: Legal
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Answered in 11 minutes by:
4/27/2009
Lawyer: TexLaw, Attorney replied 8 years ago
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Does your daughter currently have title to the vehicle?

-How did the garage get the vehicle?

-Did your daughter authorize the movement of the vehicle to the garage, and did you daughter authorize the garage to conduct any repair services on the vehicle?

-How long was the vehicle at the garage?

-A person bought the vehicle from the garage and then sold it someone else? Now the second buyer is requesting that your daughter signs a transfer of title application?

If you can answer these questions for me I will be able to provide you with a full response.

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.



TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago
yes she has the title. the vehicle was towedto the garage. it was my grand daughter that had the vehicle towed to the garage. the vehicle was at t he garage about two weeks, the man said he would look at it and see what was wrong,he then told her the engine was shot and he would junk it for her for 4.00 dollars. the second buyer wants my daughter to sign the title over to him which unfortunetly was accidently left in the clove compartment.
Lawyer: TexLaw, Attorney replied 8 years ago
Dear _______

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

From what I understand, your daughter requested that her vehicle be towed to a mechanic's shop and the vehicle would not run. The mechanic contacted your daughter and told her that she needed to put a new engine in the vehicle, or he would pay her $400.00 to scrap it. She did not authorize him to put a new engine in it nor did she authorize him to scrap the car. The mechanic then sold the vehicle to someone else who then sold it to the person who came to your daughter to request that she sign over the title.

Since your daughter authorized the tow to the mechanic's shop, she owed the mechanic money for looking at the vehicle, unless there was an agreement that the tow and the estimate would be performed for free. In New Jersey, if you leave a vehicle at a mechanic's shop for over 30 days without paying the mechanic charges, the mechanic may sale the vehicle at a public auction. Before the mechanic does this, he has to follow the proper notice requirements in the statute. Please see this document for further details on the laws in New Jersey:
http://www.fleetguardian.com/images/Mechanic_s_Lien_Law_artisan_2A_44-20_et_al_.pdf

It sounds to me that the mechanic did not follow the proper procedures, and therefore the sale to both of these individuals was not legal. What you need to do is contact a local attorney to file suit to get the car back for your daughter. You can also attempt to file criminal charges against the mechanic for theft. However, this will not likely be successful, as the police will likely tell you this is a civil matter. Accordingly, your best bet is to hire a local attorney to sue for conversion and other remedies available under New Jersey law.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.


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Customer reply replied 8 years ago
my grand daughter was told by the owner of the garage that it was not worth it to fix the car,he then told her that she would be better off scrapping,he then said he would pay her 400.00 dollars after towing and storage and he would scrap the car for her she then said all right scrap it and i will accept the 400.00dollars but she did not know the title was in the glove box, which i suspect lid him to con her out of the vehicle after all he had the vehicle for about two weeks my grand daughter is not very street smart
Customer reply replied 8 years ago
how come i can't print the information you have ginen me
Customer reply replied 8 years ago
how come i can't print the information you have ginen me
Lawyer: TexLaw, Attorney replied 8 years ago
Please see my other response
Ask Your Own Legal Question
Customer reply replied 8 years ago
first of all on the second question i di not even get an answer and you asked for 9.00
Lawyer: TexLaw, Attorney replied 8 years ago
Please [email protected] to get information on how to print my response.

Whatever you do, do not sign over the title to your car without receiving money. Contact the garage and tell them that you are expecting the $400.00 and will not sign the title until you receive the same. I would tell the person who is now asking for you to sign the title the same thing. However, i find it very suspicious that the mechanic was able to sell the car. This may mean that the car is actually running and that $400.00 may be less than what the car is actually worth. If you are unable to resolve the issue after talking to the mechanic, then you do need to hire an attorney. I believe you are looking at a situation where several consumer protection statutes were violated, in regard to misreprsentations of service, etc. Also, you have a cause of action against the mechanic for conversion, and likely you have a cause of action against the present possessor of the vehicle.

Please feel free to write back with any further questions you may have.

Thank you,
Zachary D. Norris
Attorney.
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
TexLaw and 87 other Legal Specialists are ready to help you
Ask your own question now
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TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
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