Dealer can't provide title, can I cancel deal and win in court

[BL]

Re-read # 9.

 

[OHRoadwarrior]

I just thought of a funnier outcome. Perhaps the dealer only picked up the car to obtain the title for transfer and plans on returning it tomorrow.

 

[justalayman]

Could be but I don't see anything funny about that since that was the original intent of all parties. I see no problem with such a resolution.

 

[lundbythebay]

Funny.....luckily I have an email showing the intent being for IDOD. I told him he could pay me for my vehicle or we could settle in court. I also sent him some info from the dealer manual. I don't see the big deal....he can re sell the car after he gets his paper work right. I think he knows he sold me a lemon and so be doesn't want the car either.

 

[lundbythebay]

New Twist

The dealer is now trying to back out of everything, stating that his mechanic doesn't work for him...just a go to guy when he needs something. He is saying that he will return the car promptly. He says now.... that I bought the car from Matt who is an individual and that I need to file against Matt.

He filled out paperwork in his business name at the business location and put his signature on the original title.....the one he put white out on, causing it to be considered mutilated.

I think this guy is still the responsible party at this point. I have a series of emails from when he wanted to pick up the car where he says he is trying to fulfill his legal obligation by getting the title straightened out.

What is your take on this? I think I should still keep my court date.

If we go to court and he now tries to claim he didn't own the car, will that let him off the hook even though he did all this paperwork? I think BL was correct in that the Mechanic is curbstoning using this guys dealer name. But I also feel that this is an issue this guy needs to take up with his mechanic. He obviously hasn't had a problem with it for years until he got caught up in it. In my opinion, that makes him just as guilty.

 

[OHRoadwarrior]

You sue whomever is on the purchase contract. It will be an interesting discussion if he claims he fraudulently sold you a car he does not own. If you follow that link given earlier, there is a law provision for selling other peoples cars. Read up on it and be prepared.

 

[justalayman]

I think I should still keep my court date.

that depends. If you still have time to amend the defendant list, yes. If not, no. You need to include the dealer and matt

OHRoadwarrior
You sue whomever is on the purchase contract. It will be an interesting discussion if he claims he fraudulently sold you a car he does not own. If you follow that link given earlier, there is a law provision for selling other peoples cars. Read up on it and be prepared.

if he drags the dealer in there and OP actually dealt only with matt, dealer could go:

I did not authorize matt to act on behalf of the dearlership. I had no idea what he was doing.



Since OP has been dealing with the dealer (I presume) and the dealer picked up the car and yada yada, it's hard for the dealer to actually deny his part in the issue but none the less, it's better to have both parties there so a judge can look at them and go:


well...?






Hey,simple question:

who did you deliver the trade in to? I would track the title with the state to see who transferred it to whom. If the dealer is there and not matt, I don't see how the dealer can deny his participation.




I believe the dealer is the proper defendant but you should cover all of your bases and include matt in this as well.

 

[lundbythebay]

The first time I processed paperwork was with Matt. But then I went into the office and basically scrapped the old and the owner of the business processed all the new paperwork. In the complaint, they said I had to list the business owner as he is responsible for what goes on for his business. I did list the Mechanic in the complaint itself.

I cannot find the section OHroadwarrior is referring to, do you mind pasting a link and page? please and thank you

 

[justalayman]

=lundbythebay;3206625]The first time I processed paperwork was with Matt. But then I went into the office and basically scrapped the old and the owner of the business processed all the new paperwork. In the complaint, they said I had to list the business owner as he is responsible for what goes on for his business.

but that's the point; he is claiming the deal was not through the dealership. Everything you have provided here says it was but I am just one to cover all bases. Nothing worse than going into court and the guy weasels his way to get the judge to accept his story and then where are you? You go and file another suit

I did list the Mechanic in the complaint itself.

???? If you did not sue Matt, the court cannot enter a judgement agains him, even if he stood there in court and said; yep, it's my deal; because you did not sue Matt.

 

[BL]

The first time I processed paperwork was with Matt. But then I went into the office and basically scrapped the old and the owner of the business processed all the new paperwork. In the complaint, they said I had to list the business owner as he is responsible for what goes on for his business. I did list the Mechanic in the complaint itself.

I cannot find the section OHroadwarrior is referring to, do you mind pasting a link and page? please and thank you

What do you mean by dealer scrapped all paperwork you had with mat ?

Did that include title signatures?

Well I learned not to listen to the court's clerks.

I once was in a predicament and wanted to list the DBA and the person listed doing business as.

The clerk said I only needed to list the person.

The person with their lawyer had the judgment dismissed ( he did pay first however ) stating the DBA was the entity to sue. DBA went out of business shortly after.

Just food for thought .

You could always withdraw and re-file with both ,unless you can add Matt now.

Sounds like curbstoning to me.

 

[justalayman]

dor.mo.gov/forms/Dealer_Operating_Manual.pdf



dor.mo.gov/motorv/buying.php



those are the only links I could find in the thread. Not sure what specifically ORW was referring to though

 

[BL]

dor.mo.gov/forms/Dealer_Operating_Manual.pdf



dor.mo.gov/motorv/buying.php



those are the only links I could find in the thread. Not sure what specifically ORW was referring to though

It was in Sec. 10-1 and 10-2 .

There is also law on individual sales and title .

 

[lundbythebay]

What do you mean by dealer scrapped all paperwork you had with mat ?

Did that include title signatures?

Well I learned not to listen to the court's clerks.

I once was in a predicament and wanted to list the DBA and the person listed doing business as.

The clerk said I only needed to list the person.

The person with their lawyer had the judgment dismissed ( he did pay first however ) stating the DBA was the entity to sue. DBA went out of business shortly after.

Just food for thought .

You could always withdraw and re-file with both ,unless you can add Matt now.

Sounds like curbstoning to me.

I have all the paperwork from the Mechanic as well as from the dealer....I did not give up anything. I am just saying that the original paperwork was all redone by the dealer himself. Because it is small claims, they don't allow attorney's and there wasn't anywhere to list witnesses. I had to go onto sos.mo.gov to prove I looked up the business agent and had that person listed, to the point that I had to print the info out and attach it. I think if I want to go after the mechanic, it has to be an additional claim. Not sure what to claim until I know the outcome of this one. I fear it would look like double dipping.

My daughter was with me during the transaction with the Mechanic and my spouse was there during the transaction with the dealer. I plan to have them both in court with me.

 

[lundbythebay]

I have all the paperwork from the Mechanic as well as from the dealer....I did not give up anything. I am just saying that the original paperwork was all redone by the dealer himself. Because it is small claims, they don't allow attorney's and there wasn't anywhere to list witnesses. I had to go onto sos.mo.gov to prove I looked up the business agent and had that person listed, to the point that I had to print the info out and attach it. I think if I want to go after the mechanic, it has to be an additional claim. Not sure what to claim until I know the outcome of this one. I fear it would look like double dipping.

My daughter was with me during the transaction with the Mechanic and my spouse was there during the transaction with the dealer. I plan to have them both in court with me.

One more note....the Mechanic never had his name or signature on the title....just the bill of sale which the owner re-did.

 

[OHRoadwarrior]

I would look into amending the complaint.