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bought a used car from dealer & they didn't have a title

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G

gball

Guest
Ohio --
A friend entered into a contract to purchase a specfic car from a local dealer. The dealer later found out that they didn't have a right to sell the car as they did not have the title.

Money was given to the dealer and delivery was taken. The dealer called and said they would make it right.

What does the law specifically state about selling a car without a clear title and what rights does she have for recovery.
Thank you.
 


I AM ALWAYS LIABLE

Senior Member
gball said:
Ohio --
A friend entered into a contract to purchase a specfic car from a local dealer. The dealer later found out that they didn't have a right to sell the car as they did not have the title.

Money was given to the dealer and delivery was taken. The dealer called and said they would make it right.

What does the law specifically state about selling a car without a clear title and what rights does she have for recovery.
Thank you.

My response:

The contract is voidable at the discretion of your friend. The car, and her money, were the consideration for the contract. Obviously, part of that "consideration" has failed; i.e., lack of clear title.

In other words, the dealership sold a car that they didn't own, or did not have the authority to sell.

If your friend wants the car, and wants to give the dealership a little time to clear up the matter, that's her choice.

But, theoretically, if she wanted to rescind the deal right now, she could. And, if the dealership fails or refuses to return her money, then she has a very good lawsuit on her hands. Also, she might consider reporting the dealership to the Department of Motor Vehicles for investigative assistance.

IAAL
 
W

Walter Van Hout

Guest
My grandson had that happen in the great state of Texas. By the time we knew there wasn't a title, the dealer had gone out of business. Seems like he was in and out a lot with different names. Anyway, contact your local PD department and get some direction. It took over a year to get the title and I think they wound up going to the attorney general for it.
Your dealer sounds a little more honest than the one we were dealing with.
Good Luck

Fiesty Freddie
 

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