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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117447
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Car mart a 2006 Ford Explorer in 2014.the total of the

Customer Question

Car mart a 2006 Ford Explorer in 2014.the total of the vehicle was $7,329 the state tax was $475.38 they showed that I bought the vehicle in 2000 15 which is not right I called The Bureau of Investigations to figure out why I could not renew my tags and they said that there was a lien on my vehicle because Car-Mart never sent a title into the state and they never paid off that $4,000 lein so they sold me a vehicle and we're hustling to get it back from me before I found out I have all my information and now I'm without a ride.when I bought my vehicle I went and put tags on it and have proof of registration I paid my taxes and I put tags on it and then when I went to renew my tags they said my tag number was suspended and I called Little Rock and they said it was because Car-Mart had a year to turn it in a title but they could not produce a title because they had not followed up on the lien on the vehicle so that's when I figured out that's why they were trying to come pick it up for me so fast they were harassing me showing up at the house and I was making my payments I have a friend that works for a tow company and he told me Crystal and I'll make another payment on that ride because this ride is if they're stolen there's a lien on it that's Arkansas them vestigation is really going to take this case because I had a lot of things in my vehicle that were sentimental and they won't let me get them out they said that it was being sold at auction I just put $800 tires on my vehicle I also have a son and that's my only means of transportation they have a really really give me the runaround amount wise I have all my paperwork amount was you're looking at probably $9,000 not counting my belongings that were in my vehicle plus my tires I don't expect this have my vehicle back this is a given case because there's some for all major going on since they sold me a vehicle that if they owed $4,000 and they never thought that I would catch it but I had someone that could help me out and I caught them.I also have the people that they got the vehicle from that they owe the $4,000 to and they put me down for buying the vehicle a year before I bought it to put it off on me to cover their part they will not reply to me about getting my belongings and I will be so grateful and an answered prayer because I have no way to go and I have a son and I've been paying on my ride they think that they can get away with it but I have faith and then God wi'll take care of with the help of you guys.Little Rock told me and I'm not sure if they were supposed to about there being a lien on that vehicle for $4,000 before I bought it I'll work with y'all had all my paperwork when I got my vehicle I'm not asking for my vehicle back but would love my belongings because they were sentimental but I would hope that I can get all the money back that I put into it to have paid on it and for all the faithful me through MI brand new $800 tires which I can get ticket for but I do have all my paperwork please help me may God bless you..there's quite a few more things that I would like to talk to you about about them telling my ride and me having to get it back and pay thank you so much.
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months 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.
Legally, the seller must provide you merchantable title. Failure for them to provide merchantable title is breach of the implied warranty of merchantability and grounds for you to sue them to recover all of your money paid for the vehicle and damages that they caused you to incur. Furthermore, if they failed to pay off the $4000, that is considered breach of contract and FRAUD and UNFAIR AND DECEPTIVE BUSINESS PRACTICES which would allow you to sue them for TRIPLE damages plus attorneys fees.
So you need to start by writing the dealer a letter informing them that if they do not produce the title and pay off the lien on the vehicle within 30 days, you will pursue legal action against them for breach of contract, fraud and unfair and deceptive business practices and you will seek triple damages and attorney's fees from them for their improper conduct.