Vehicle Purchase Transaction Question

[motiv8d364]

Hello,
This occurred less than a week ago. I purchased a vehicle from an individual. The vehicles title is registered in her mothers name and her boyfriends name. I can prove that her boyfriend is incarcerated and could not have signed the title. I have audio files of phone calls between myself and the prospective defendant stating that she would help get the car running because it barely made it to my home and won't start. My question is ...Since the transaction was based on fraudulent circumstances is there any possibility of getting a favorable judgment in small claims court?

 

[Proserpina]

Hello,
This occurred less than a week ago. I purchased a vehicle from an individual. The vehicles title is registered in her mothers name and her boyfriends name. I can prove that her boyfriend is incarcerated and could not have signed the title. I have audio files of phone calls between myself and the prospective defendant stating that she would help get the car running because it barely made it to my home and won't start. My question is ...Since the transaction was based on fraudulent circumstances is there any possibility of getting a favorable judgment in small claims court?

First, please tell us your US state.

Second, please explain the fraud - and why you didn't check this out before the transaction took place.

 

[motiv8d364]

Thread continued

Hello,
I live in Missouri.
I think that the transaction is fraudulent because the Co-owner signed the title for both names and unless she had a legal document giving her the power to do so she is technically selling the car illegitimate. Plus I did not notice but she did not put the correct date of sale on the title. The seller and I knew each other and were supposed to be friends. I posted on FB that I needed a car and if anyone knew about one to contact me. She contacted me and said she had a good car for sale, that only thing that was wrong with it was a cracked windshield and that it would be $200 to have it replaced by a business. She swore to me that there was nothing else was wrong with it and if anything did come up she would make sure the car got running. I took her word to heart I suppose and I did inspect the car It was fine when I got the car home there was coolant in the oil I think she changed the oil to make it look good.

 

[Proserpina]

Hello,
I live in Missouri.
I think that the transaction is fraudulent because the Co-owner signed the title for both names and unless she had a legal document giving her the power to do so she is technically selling the car illegitimate. Plus I did not notice but she did not put the correct date of sale on the title. The seller and I knew each other and were supposed to be friends. I posted on FB that I needed a car and if anyone knew about one to contact me. She contacted me and said she had a good car for sale, that only thing that was wrong with it was a cracked windshield and that it would be $200 to have it replaced by a business. She swore to me that there was nothing else was wrong with it and if anything did come up she would make sure the car got running. I took her word to heart I suppose and I did inspect the car It was fine when I got the car home there was coolant in the oil I think she changed the oil to make it look good.

How was the car titled? "and" ? "or" ?

 

[motiv8d364]

Proserpina

Hi proserpina don't understand your question how was it titled?

 

[Proserpina]

Hi proserpina don't understand your question how was it titled?

On the actual title, does it list (for example) John AND Vera, or John OR Vera?

 

[motiv8d364]

Proserpina

Hello,
The title says
John Doe & Jane Doe. The names have been changed to protect the not do innocent.

 

[Zigner]

So, you bought the car KNOWING the signature was fraudulent (ie: participated in the fraud) and now that you don't want the car, you want the court to fix it for you?

Google unclean hands doctrine

 

[OHRoadwarrior]

Hello,
The title says
John Doe & Jane Doe. The names have been changed to protect the not do innocent.

So you want to attend court and argue the sale should be reversed, because you did not steal the car you thought you did.

 

[BL]

Seems like you can not use those audios even to ask for repairs.

You lose... Fix it , sell it ,or junk it.

http://www.aapsonline.org/judicial/telephone.htm

 

[motiv8d364]

Thread continued

Hello,
The truth is I didn't see the Co-owner sign the other persons name the signature was on the title when she sold me the car It wasn't until I asked around about the car that I found out the boyfriend is in prison for murder. She sold me the car knowing and failing to tell me about the issue with the car And what she says on the phone I believe would constitution an implied verbal warranty, however someone else mentioned earlier that I can not use the phone calls? . So basically from what you folks are saying is that a judgement in my favor is next to impossible?

 

[BL]

Hello,
I live in Missouri.
I think that the transaction is fraudulent because the Co-owner signed the title for both names and unless she had a legal document giving her the power to do so she is technically selling the car illegitimate. Plus I did not notice but she did not put the correct date of sale on the title. The seller and I knew each other and were supposed to be friends. I posted on FB that I needed a car and if anyone knew about one to contact me. She contacted me and said she had a good car for sale, that only thing that was wrong with it was a cracked windshield and that it would be $200 to have it replaced by a business. She swore to me that there was nothing else was wrong with it and if anything did come up she would make sure the car got running. I took her word to heart I suppose and I did inspect the car It was fine when I got the car home there was coolant in the oil I think she changed the oil to make it look good.

If you truly believe the incarcerated owner did not sign the title and the co-own signed both ,then go ahead and try to sue.

Look through here and compare signatures.

http://dor.mo.gov/motorv/titleinstructions.php

 

[Just Blue]

I would love to know how OP is sure that seller didn't visit co-owner in prison to sign off?

 

[BL]

I would love to know how OP is sure that seller didn't visit co-owner in prison to sign off?

That's why I said look closely at the signatures.

The way I read it ,is that each signature must been done both ways.

If they look the same ,I'd let a Judge decide the issue.

 

[OHRoadwarrior]

You have 2 issues, you are not going to overcome. First, you have no evidence the signature is false. MO does not require a car title be notarized. Second, you purchased the car from the legal owners, her mother and boyfriend. Regardless of whether you have a record of her saying she would help with repairs, it does not create a contract as she received no consideration for the purchase of someone elses car. Presumably she only facilitated the transfer.