What is the procedure for filing a small claim against a Florida car dealer who sold me a car almost seven years ago and has not given me a title for the car? Can I demand my money back? If the cost of the vehicle was over $20,000. Is this a case for small claims?
Can I file a claim against his bond company? What is the procedure? Please help!
Thank you,
MercedesBST

I purchased a 93 Mercedes Benz convertible for $23,000. Almost 7 years ago and still have not received a title to this vehicle that was brought into this country from Germany. The dealer was married to my cousin and has since been divorced. I thought by buying from him that I would not have to worry in case of future needed repairs. I have been told that there has been a hold up in receiving the title because it was being processed in Germany, etc. In the meantime, I was given a dealer tag to use and would not have to pay sales tax until the transfer was made. I insured the car through my insurance company for over three years and was then informed that I could not insure a vehicle that was not registered to me. The three times that I needed service on the car, he had kept it for 3 months one time, to fix the brakes, then 5 months for replacing a fuel pump, and now he has had the car for over 2 and a half years to repair the top and paint the vehicle, (which is already paid for). In the last two years, since I no longer want the car, I was told there is no sense transferring it to me, if I want to sell it, or I will have to pay sales tax. I do not believe that he has a title for the vehicle as of this date, or if he does, I think he may have used it to secure temporary loans against the car. I have been told that I can file a claim against his bond and get my money back and he can keep the car. We both reside in Florida. Is this true? How do I go about it? Will I need an attorney? Does anyone know an attorney that is proficient in these matters? Would they take this case on a contingency basis? Any help would be greatly appreciated.
Frustrated and disgusted,
MercedesBST

Finding an attorney for a matter of this type on a contingency basis would be next to impossible. They won't take a case like this unless they are paid a hefty retainer to do so. I know, I used to work in law offices in South Florida and no attorney I know would work essentially for free in hopes of winning money unless it is a personal injury matter.

Why didn't you contact the State of Florida's Department of Licensing for Car Dealers when this first happened as what your alleged friend did was highly illegal. Now you've let so much time go by where you didn't have this matter taken care of, it will have to be straightened out by an attorney.

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Originally Posted by MercedesBST

What is the procedure for filing a small claim against a Florida car dealer who sold me a car almost seven years ago and has not given me a title for the car? Can I demand my money back? If the cost of the vehicle was over $20,000. is this a case for small claims?
Can I file a claim against his bond company? What is the procedure? Please help!
Thank you,
MercedesBST

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I don't see how his bonding company would enter into this.

You are over the Small Claims Court dollar amount.

Let me go and find someone who knows.

Not sure on laws in your state, but in Wisconsin, anything over $5,000 becomes a civil case, not small claims.

Do you have proof of purchase(a cancelled check, credit card receipt, etc.)? I would contact your Department of Transportation; they usually have someone who handles problems with dealerships.

On another note, why have you waited 7 years? You couldn't possibly have put license plates on the car if it isn't in your name; how have you been driving around?

The 7 years is a red flag here. Why would you wait so long? How have you been using the car during that time? What excuses has the dealer given?

Please provide more info so we can try to help.

Also, please do not post the same question 3 separate times with varying information in each of them. It clutters up the board and prevents us from giving you the most accurate advice.

I merged two of your threads so we have a more complete picture here.

How did you pay for the car? Did you pay cash or use a loan? The answer to that will determine how you proceed against him. If it was a loan is it paid up to date? When was the last time you actually used the car?