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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 129488
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I traded a 2014 Malibu in Missouri for a 2017 Cruze. The

Customer Question

I traded a 2014 Malibu in Missouri for a 2017 Cruze. The dealership paid off the Malibu and came to me for the title. They are holding sales taxes they agreed to pay until I produce title on the Malibu which they contracted to pay until I produce title. I began jumping through their hoops. I have lived in Kentucky and now SC. Later found out USBank held the electronic title on the Malibu. They now want me to go to SC DMV and get a SC title on the Malibu which I no longer own. The bank said to have them call the bank. As they would have sent the dealership the title and it was no longer my problem. I have spent money, travel and time on this problem. The Malibu was sold they said without title. The Cruze and the banks. I just want the sales tax to be paid and these people keep harassing me. I contacted the BBB sent them a e-mail about my frustration but they don't seem to care. I'm a 75 year old lady, surviving from cancer. I don't need this. Where do I stand. Thank you.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has anything been filed or reported?
Customer: Such as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have paper trail of all the paper work they had me over night them. I did sign a form giving them the power to obtain the title. I did get a duplicate title on the Malibu from Kentucky. Now, they want me to get a title on the Malibu from SC. This run around had been going on since November. I am frustrated, angry and I cursed at them. Said the F word. She hung up on me because it is always what we have done for you and they don't listen to me.
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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

The seller of a vehicle must provide merchantable title or they can rescind the deal with you. Legally, if you sold/traded the car to them, you have to provide title and you need to do whatever is necessary to obtain duplicate title. If you do not do so, I am sorry to say they can return the trade in to you and make you pay the difference that they gave you on the trade in or they could sue you for the costs of going to court and filing a petition to quiet title.

So you are going to have to get duplicate title if the title was in SC you need to contact SC DMV and fill out a duplicate title request. If the bank held the title, you need to get the title and satisfaction of lien from US Bank. It is your legal duty to assist the dealer in obtaining title though, because the law says that the seller of the vehicle is responsible for providing merchantable title.

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