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glow13 · Jul 19, 2013, 10:03 PM

I baught a 96' ford and the title they gave me was a 92' ford. Can I get my money back?

Alty · Jul 19, 2013, 10:06 PM

Have you talked to them about this? Is there any paperwork that you have that shows that you were purchasing a 96 Ford? What does the sales receipt say?

Unless you can prove that they were selling you a 96 Ford, and not a 92 Ford, you'll have a problem winning in court. The burden of proof is on you, and simply saying "I thought I was buying a 96, not a 92, won't cut it in court.

glow13 · Jul 19, 2013, 10:14 PM

Yes I have the bil of sale that clearly say a 96 and the VIN.

Alty · Jul 19, 2013, 10:17 PM

Originally Posted by glow13

Yes i have the bil of sale that clearly say a 96 and the vin number.

Then you definitely have a case, but before going to court, I'd go back to the dealership to see if they'll set this right.

Have you checked the VIN on the car you have in your possession? Is it the same as the VIN on the bill of sale?

glow13 · Jul 19, 2013, 10:19 PM

Yes and the dealer says they lost all my papper work and reciepts that I paid them. They are saying I stold the car that I have now because I don't have tittle.

glow13 · Jul 19, 2013, 10:21 PM

Yes I checked the vin numbers and they don't match. I tried talking with them but they don't want to negotiate. What will happen in court?

Alty · Jul 19, 2013, 10:23 PM

Originally Posted by glow13

Yes and the dealer says they lost all my papper work and reciepts that i paid them. They r saying i stold the car that i have now because i dont have tittle.

Wow, this gets better and better.

But you have all the paper work. So, it doesn't really matter if they lost their paper work, since you have receipts, and the bill of sale, right?

I'm curious, why would they think you stole the car? Also, why would you steal a 92 when you paid for a 96. I'm assuming you have proof that you paid for this vehicle.

Did you get the title as soon as you paid for the vehicle or was it sent in the mail?

glow13 · Jul 19, 2013, 10:28 PM

No I only have the bill of sale
And he didn't give me a receipt when I paid for it cash. Then after I paid he gave me the tittle.

Alty · Jul 19, 2013, 10:31 PM

Originally Posted by glow13

No i only have the bill of sale
And he didnt give me a receipt when i paid for it cash. Then after i paid he gave me the tittle.

So you don't have any receipt showing that you paid for the car, you only have a bill of sale for a 96 Ford and the title for a 92 Ford?

This is tricky.

I'm not a legal expert, and I think at this point I should bow out and wait for the legal experts to come along and give you advice. You may have to wait for tomorrow, it's pretty late and most of them aren't online right now.

Check back tomorrow to see if one of the legal experts has responded.

Sorry that I can't be of more help.

Alty · Jul 19, 2013, 10:35 PM

I sent a PM to the two best legal experts on this site. Hopefully they'll be on tomorrow and they'll take a look at your question.

I wish you the best of luck. :)

glow13 · Jul 19, 2013, 10:39 PM

Thank you for helping me get answers. You have been very help. Thanks again.

Alty · Jul 19, 2013, 10:46 PM

Originally Posted by glow13

Thank you for helping me get answers. You have been very help. Thanks again.

Thanks for saying that, but I feel like I wasn't any help at all.

One thing I don't understand, you have a bill of sale, isn't that a receipt?

The only thing I can think of is that if the vin on the bill of sale, doesn't match the vin of the vehicle you have, that's proof that they sold you a car other than the one you paid for.

It's just a really messed up situation. I wish you luck getting it sorted out. Hopefully the legal experts will be able to tell you exactly what you need to do to set this straight.

Good luck. :)

smearcase · Jul 20, 2013, 02:18 AM

Hopefully this is some kind of innocent snafu, but their mentioning that you stole the (or a) car sounds like it may be some kind of scam. Their talking about stolen cars right of the bat would cause me great concern. I would try and create a police report on this incident somehow. If the "dealer" notifies the police that you stole one of their cars the police will simply come and arrest you- they won't try to sort out all the particulars. If you are on record first with your side of the story it may help you to have a report on file. I think there is at least a possibility that someone associated with the dealer may have tried to "clean up" a shady deal they had made previously by giving you a title that they hoped you wouldn't check out, or someone made a simple mistake with paperwork and fears that they may get fired over it. Someone at the dealership talking about stolen cars before doing any real investigation and review of records-- just doesn't add up.
How much time has passed since you drove the car off their lot?

ScottGem · Jul 20, 2013, 04:20 AM

I tend to agree this may be some sort of scam. Did you buy from a private seller or a dealer?

If its not a scam, this makes no sense. If you have a bill of sale that show the vehicle info, including the VIN and has the seller name on it. Then you have proof you bought the car.

Was the title given to you or mailed to you? If mailed, do you still have the envelope? Are they saying you bought the 92 but stole the 96?

How long ago did this happen? Have the police been involved?

JudyKayTee · Jul 20, 2013, 06:38 AM

For starters, what State or Country? Where is this? I absolutely agree with Scott here - a bill of sale IS a receipt. You wouldn't necessarily get both a bill of sale and a receipt that says exactly the same thing.

Just so I have this straight. You purchased a vehicle believing it is a 1996 model. You have since discovered it is a 1992 model (4 years older) but it is the same make and color. You have not received ANY title - you didn't get a title to a 1992 model, you didn't get a title to a 1996 model. You got no title.

The seller now says that the vehicle you are talking about is not the 1996 model which he sold you but a 1992 model which you got somewhere else.

Do you know if there were two cars on the lot - the one which you thought you were buying and the one you actually have in your possession?

How is that so far?

As far as title is concerned you can order a duplicate - it will take an explanation because of the circumstances, but it is possible (depending on your State).

Yes, you can go to Small Claims Court and attempt to reverse the transaction - you get your money, the seller gets the car. It will come down to who the Judge believes - you or the seller. Is that what you want - to reverse the purchase?

Is this a private individual, a used car lot, a dealer that also sells used cars, someone off the Internet?

As you can see "we" need more info in order to be 100% accurate.

I say the purchase is reversible because I think the "we sold one car and then the person replaced it with another car, same model, same color, different year, same equipment (assuming the bill of sale is very detailed) is an argument that the seller cannot win - but you absolutely never know how a Judge will rule.

Or do you want title to the car you have?

Or do you want the different in value between what you have and what you think you bought?

Or do you want something else?

In my State - NY - the DMV is very vigilant and very open and accepting of complaints. That is always an option.

And to Alty - thanks for the vote of confidence and you did really well. This one is, well, complicated (to say the least)!

N0help4u · Jul 20, 2013, 06:54 AM

I think he wants the 96 that he originally paid for

excon · Jul 20, 2013, 06:57 AM

Hello:

Chopped liver here. Didn't he say the dealer is charging him with STEALING the car? It's a nice twist..

excon

N0help4u · Jul 20, 2013, 07:07 AM

Chopped liver
They will do that hoping to intimidate you because they know they can get in trouble and want to make you back off. He has the paperwork and the vin so he needs to pursue this no matter how rotten the dealer is.
Signed
Minced meat.

JudyKayTee · Jul 20, 2013, 07:09 AM

Excon, I'm not sure if the dealer is saying that the OP never purchased the car but, instead, stole it and now wants the title OR if the seller is saying he sold one car and this is another one, stolen from..

Usually there's no bill of sale with a stolen car but I supposed you could write your own.

And now we're back to getting a duplicate title.

AK lawyer · Jul 20, 2013, 07:34 AM

Originally Posted by Alty

I sent a PM to the two best legal experts on this site. Hopefully they'll be on tomorrow and they'll take a look at your question.

I wish you the best of luck. :)

That's strange. I didn't get it. :)

Originally Posted by N0help4u

I think he wants the 96 that he originally paid for

That's the part I don't understand. You go onto a car lot, kick a few tires, and tell the salesman you want to buy a particular car. How is it possible that you drive off with a car that is different from the one you selected?