illegally sold vehicle

[schoolmom6]

What is the name of your state? Alabama
we bought a truck from a young man we know. On the day we paid for it, we found out he had never had the title transfered to his name. He assured us he would do that so we could then get it transferred to ours. A few days later, he told us he had taken the title to the local courthouse.
four months went by, and he kept telling us he had never received the title. So I called the state department of vehicle registration myself, and was told nothing had been received on the truck. We called the courthouse where he says he took it, and they have no record of it. He claims he lost the receipt.
What can we do to get our money back out of him? Can we get the $1500 dollars we spent fixing the truck right after we bought it?
We went through 3 temporary tags, but now can't get a tag, so we can't drive it. My husband passed away 6 weeks ago, leaving me with 6 children. I don't need this. Please help.

 

[AmateurShyster]

I'd say you have a good case for something or another here. Never mind the legal theory -- a judge or an attorney will figure one out.

Your basic choice at this juncture would be whether to hire an attorney or not. If you paid more than $1500 for the truck, your total damages including the repair bill exceed the $3000 limit for small claims court. If you were going to sue, you'd therefore need to go to a district court, where the procedure is more complex and an attorney would be a practical necessity.

There are at least two outcomes that I can imagine. One is that, when pressed by an attorney, the seller will suddenly find the missing title document and transfer it to you. Your damages in that case might include any costs you incurred in repeatedly obtaining temporary tags and in obtaining substitute transportation.

Another outcome is that you might be able to rescind the sale, perhaps on the theory that the seller breached the implied warranty of title. You'd have to return the truck. You'd be able to get the purchase price back, and I think you'd also be awarded additional damages to cover the cost of the repairs, any excessive number of trips to the registry to renew the temporary tags, etc.

By the way, some states have "lemon laws" that allow purchasers of used cars to recover the costs of certain repairs after purchase (and still keep the vehicle). It appears to me that the Alabama lemon law (Code chapter 8-20A) applies only to new vehicles purchased from a manufacturer.

 

[Terry7]

Motor Vehicle - Registration Section - ... MOBILE CO. DOT AUTO SAFETY AAMVA IFTA IRP Get a map MVD Phone Numbers. Contact Motor Vehicle. MOTOR VEHICLE DIVISION REGISTRATION/TAG SECTION ...
http://www.ador.state.al.us/motorvehicle/Registration.html
Motor Vehicle Division - ... Contact Motor Vehicle. MOTOR VEHICLE DIVISION Enter your personalized tag configuration below: (1) Enter two to seven digits without spaces. ...
http://www.ador.state.al.us/motorvehicle/search.html

Try these sites: Also try to CONTACT them through the sites to see if laws or codes were broke ( if any ) in regaurds the the sale of this vehicle without title or registration by the seller ?