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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117386
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a trailer from a trailer park ( they are dealers) I

Customer Question

I bought a trailer from a trailer park ( they are dealers) I made the final payment May 1st I have not received my title. I was not given the title with a lien holder , because the trailer is still in the name of the previous owner from whom the park purchased the trailer. After speaking to the county office of vehicle and property tax ( Alachua county, Florida) I was told to contact Clerk of the court to obtain an order to compel them to provide the title.
My question is can I place my rental fee for lot rent in an escrow account until I RECIEVE MY TITLE?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
If the seller does not provide a valid title or apply for duplicate title to turn over to a buyer within a reasonable time after purchase, they are in breach of the implied warranty of merchantability. Legally, failure to provide merchantable title entitles you to sue the seller to produce the title or return your money. Unfortunately, the courts in FL do not like self help, so you need to first send the seller written notice that they are in breach of the implied warranty of merchantability that applies in every sale and give them 14 days to produce the title or proof that they have applied for duplicate title if they do not have the title and tell them failure to do so will cause you to pursue legal action against them.
If they fail to provide the title, you can file a complaint with the FL Attorney General's Office Consumer Protection Unit first and they can most times resolve these matters. If they are also a dealer, you can also report them to the FL DMV dealer licensing unit for them to investigate their practices.
If the AG cannot resolve the matter, then your remaining option is not to withhold the rent, but to file suit for breach of the implied warranty of merchantability as well as unfair and deceptive practices and seek to have the court order them to produce the title or refund your money, plus up to triple damages and attorney's fees and pay any costs you have incurred in having to pursue them to fulfill their legal obligation as a seller.

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