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    jaegyunryu's Avatar
    jaegyunryu Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 18, 2008, 03:32 PM
    I bought a used car, but the dealer is not giving me the title.
    I bought a second hand car a few months ago. The
    Dealer promised to give me the car's title in 5 or 6 weeks. And, the
    Dealer wrote down "clean title" in the contract as well. After a month
    Or so, the dealer said I must pay 146$ more to have the title for my
    Car. The fact was a rental company was the previous owner of my car. The
    Rental company leased the car from a leasing company. But the leasing
    Company did not pay for the tab for one and half years. So, I must pay
    For the tab (146$). Is this right? Should I pay for it or can I ask my
    Dealer to pay for it because the dealer promised me to give me the
    Title. The dealer says they cannot pay for me. I do not have the title
    Yet. And, the dealer is so stubbern that they are not going to give me the title unless I pay first.
    What do I do?
    CaptainRich's Avatar
    CaptainRich Posts: 4,492, Reputation: 537
    Cars & Trucks Expert
     
    #2

    Jan 18, 2008, 06:18 PM
    The car is paid in full? Not financed? If financed, the leinholder will hold the title until all the obligations are met. If paid in full, you should have been handed the title during the signing.
    I don't recommend even taking delivery of a vehicle unless the title is clear.
    That same dealer isn't allowed to take in a vehicle without a clear title, in most states, unless it is a consignment sale.
    Someone has that title and if it wasn't in your agreement to pay for it, the dealer needs to come up with it.
    You need to get a lawyer involved in this matter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jan 18, 2008, 07:30 PM
    Yes, in fact the dealer sold you a car he did not legally own, This is illegal in many states, the dealer is to have the title on site and merely sign it over when you pay in full, or send it to the lien holder and so on.

    So this dealer is doing somehting illegal, it sounds like they bought this at auction and they were waiting for the title to come in, they are responsible for supplying a clear title, So if you signed the paper work and a full price decided, you don't owe any more money.

    The dealer needs to pay this and provide you a title or give you all your money back.

    If he does not supply a clear title very soon, yes you need an attorney.

    You cannot legally title or register your vechile, get a tag and so on.
    Without this paper work.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
    Senior Member
     
    #4

    Jan 18, 2008, 07:47 PM
    I would not hire an attorney yet. Try this... you don't say what state you are located in... most states require that auto dealers have a license to sell vehicles... and in conjunction with that license, most states require a "surety bond" and that surety bond is conditioned upon the dealer faithfully handling transactions involvoing the selling of automobiles... if he promised you a valid title and has not furnished it... then that seems to be a possible violation of his dealer license... write the dealer a letter... perhaps send it certified... return receipt requested (keep a copy a the signed receipt when you get it back from the post office... in that letter advise the dealer that you expect valid title to be furnished you within xxx number of days and in no event later than xx/xx/2008... and if not received by that date, you will then file a claim on his surety bond... check with licensing authorities in your state to see if he did in fact post a surety bond as a condition of him obtaining a license... then when the deadline passes, simply send a letter to his surety company filing a claim for the value of the vehicle... without this bond (and it will be in jeopardy until your issue is settled), the dealer cannot sell cars and he is out of business. I am not an attorney and this my advice is not and should not be considered legal advise... it's simply a possible remedy you might want to pursue.
    onelaptog's Avatar
    onelaptog Posts: 9, Reputation: 1
    New Member
     
    #5

    Jan 25, 2008, 06:43 PM
    Ask you state attorney general to get involved... that will wake him up

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