Automotive Dealer sold car without free & clear title, Big Problem ??? help please

[Tom Reid]

What is the name of your state? Maryland


my son bought a 1999 Lincoln continental on june 20, 2007 from a FORD LINCOLN DEALER in Delaware (he lives close by in Maryland) and paid for it in cash from his savings
(approx 10k).

he was given the normal 60 day Delaware temp tag and registration and told it takes about a month or so for the permanent tags to be issued by the DMV IN Maryland and mailed to customer, no problem and nothing out of the ordinary there.

after a month and a half (7/31/07) son calls dealer saying where are permanent tags and reg. and was told they were backloged and he would be receiving them shortly,,on 0815 he calls again and told them he's not gotten them yet and the temps are expiring in five days.


they told him there was a trivial clerical problem with the title when the previous owner traded and alledgedly signed the car over to them in trade for a new vehicle. the dealership said they are trying to track him down and have the title signed over to them (the dealership) and they are having trouble contacting them....

dealership said they'd be happy to issue another 60 day temp tag and reg until they clear up the matter and told my son not to worry...

i told my son to call his insurance company and tell them about the situation since in his eyes he owns the car and has dealership temp paperwork to show for it. Geico said my son is covered if he gets into an accident but only because he would be covered as such in any vehicle he is the driver regardless if he is the owner or not. however if the car is totaled they look at the title holder to reimburse and since neither my son nor the dealer are title holders there in lies the problem.

the dealership says not to worry and be patient and are even somewhat nasty when told of his displeasure and this murky situation.

he told them he does not want the vehicle and that they should not have sold it to him without a clear title at the time of purchase and that he wants to immediately trade it in for another vehicle with them for full credit of the purchase price and they said no.

he has contacted an attorney and meets with him friday...any advice from those in the know? he really wants to get them to take the car back and give him another one without this problem and plus he is afraid to drive the car in case it gets wrecked / totaled..who would get paid since neither the dealer or my son are leinholders is vague and murky.

he is willing to trade the lincoln in for another vehicle if he gets full credit for the purchase of the lincoln towards it....does he have the right to compel the dealership to take it back?