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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29981
Experience:  Lawyer
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I have an issue concerning the title of a vehicle i recently

Customer Question

hello i have an issue concerning the title of a vehicle i recently purchased
JA: What state are you in? It matters because laws vary by location.
Customer: hawaii
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: the vehicle was purchased in cash with witnesses around, and i lost the title and need the owner to request a duplicate of the title so that he can sign it to me and ill have ownership of the vehicle.
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
the seller refuses to pick up their phone or respond to text messages, and he took my money
Expert:  Lucy, Esq. replied 7 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When someone sells you a car, the only implied warranty is that the buyer will be able to transfer the vehicle into his name. That means the seller has to take reasonable steps to assist with this. They can't keep the car in their own name just because you lost the title. He can require you to pay any fees associated with this, because he's not the one who lost the title. If you haven't already offered to pay those fees, doing so might help you get a response.

It may also help to send one final text message, giving the seller one chance to request the title for you to register the car before you sue for a full refund of all monies you paid. Let him know that, if you have to sue, you'll ask the judge to also order him to reimburse your filing fees. If you have his address, you could instead send him a letter via certified mail so he knows you're serious about this. Explain that you will pay the fees when he provides you with the new, signed title. It could also help to remind the seller that, as registered owner of the vehicle, he will be responsible for any parking tickets received until the vehicle is transferred into your name and that it is therefore in his best interests to help you by requesting a lost title and sending it to you.

If you've already done all that or if he doesn't reply, you can go to court and sue for the return of the money you gave him. You do not need a lawyer, as long as you have his address to serve him with notice of the lawsuit. You're allowed to sue for up to $5,000 in Small Claims Court, or $40,000 in the Regular Claims Division.

http://www.courts.state.hi.us/self-help/small_claims/small_claims

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Expert:  Lucy, Esq. replied 7 months ago.

Do you have any other questions about this?