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

[OHRoadwarrior]

Don't forget the court is not going to play childrens games where OP will not cooperate with obtaining the title. He will be paying for his usage of their vehicle. He can bet on it.

rescission of the contract and fair market value for your trade in. That is what it should be.


so he did not have a VALID certificate of title and has not been able to obtain one either.



have you checked; does this guy have a valid dealership license?

 

[justalayman]

Don't forget the court is not going to play childrens games where OP will not cooperate with obtaining the title. He will be paying for his usage of their vehicle. He can bet on it.

how is the OP playing games? What obligation does he have to do a damn thing here?

I believe he offered to let the dealership take the vehicle for ID/OD check.

. So now he has had to go back and gather paperwork from two other MO dealers before him which in turn make the car considered as out of state(IL) hence the IDOD that he says he needs. I told him he could pick up the car, but he says that is not cooperating.

sure sounds like he is cooperating to me. He offered to let the dealer do what he is obligated to do.

 

[lundbythebay]

rescission of the contract and fair market value for your trade in. That is what it should be.


so he did not have a VALID certificate of title and has not been able to obtain one either.



have you checked; does this guy have a valid dealership license?

Actually, his business is a DBA of a business that is currently "expired" (he hasn't filed the proper paperwork and should not be doing business as of this past June). I am sure he will just file late and all will be good like he has done in the past according to the records I have found. He sells Rods...like old tricked out pick ups, cobras, and such. He doesn't typically do the average car. He only did this one because of his Mechanic, which he say is allowed to conduct business in their name.

 

[OHRoadwarrior]

If you do not understand the concept of unjust enrichment, I suggest you go to law school.

how is the OP playing games? What obligation does he have to do a damn thing here?

I believe he offered to let the dealership take the vehicle for ID/OD check.




sure sounds like he is cooperating to me. He offered to let the dealer do what he is obligated to do.

 

[justalayman]

If you do not understand the concept of unjust enrichment, I suggest you go to law school.

unjust enrichment has absolutely nothing to do with this situation. It is a matter of contracts and the dealer has breached his obligations of the contract for failing to deliver a negotiable title to the buyer.

 

[OHRoadwarrior]

Good luck with your argument. Good thing OP has been presented with more realistic expectations of his success.

unjust enrichment has absolutely nothing to do with this situation. It is a matter of contracts and the dealer has breached his obligations of the contract for failing to deliver a negotiable title to the buyer.

 

[justalayman]

Good luck with your argument. Good thing OP has been presented with more realistic expectations of his success.

You been drinking? I need no luck with my argument. I am not a party to the issue. Did you lose track of reality at some point there?

 

[OHRoadwarrior]

I think it is obvious you have. I suggest you re-read the post where I referred to OP. Apparently you are having cognitive issues today.

You been drinking? I need no luck with my argument. I am not a party to the issue. Did you lose track of reality at some point there?

 

[justalayman]

I think it is obvious you have. I suggest you re-read the post where I referred to OP. Apparently you are having cognitive issues today.

You mean this one where you wished me luck with my argument?

Good luck with your argument. Good thing OP has been presented with more realistic expectations of his success.

Quote Originally Posted by justalayman View Post
unjust enrichment has absolutely nothing to do with this situation. It is a matter of contracts and the dealer has breached his obligations of the contract for failing to deliver a negotiable title to the buyer.

why would one wish me luck with my argument? I'm not going to court. I have no need for luck because my argument will not be presented anywhere so again you show a serious disconnect with reality by referring me to some unspecified post for some reason.

and your suggested expectations? Based on what?

and your claim of unjust enrichment. Please, educate me. Who is being unjustly enriched by the OP not being able to obtain a title which, leaves him with a hunk of metal he cannot register nor sell. He's kind of stuck with an art deco lawn ornament.

 

[OHRoadwarrior]

Presumably, he will go to court, then come back and advise us whether the court awarded him all his money back as you claim will happen OR will deny him relief because he was uncooperative when a title issue needed corrected as I suggested is likely OR will grant him a refund minus reasonable charges for the wear and tear he has been putting on the car he does not want as I suggested.

I would not hold my breath it happens your way.

You mean this one where you wished me luck with my argument?





why would one wish me luck with my argument? I'm not going to court. I have no need for luck because my argument will not be presented anywhere so again you show a serious disconnect with reality by referring me to some unspecified post for some reason.

and your suggested expectations? Based on what?

and your claim of unjust enrichment. Please, educate me. Who is being unjustly enriched by the OP not being able to obtain a title which, leaves him with a hunk of metal he cannot register nor sell. He's kind of stuck with an art deco lawn ornament.

 

[justalayman]

OHRoadwarrior;3205498]Presumably, he will go to court, then come back and advise us whether the court awarded him all his money back as you claim

There is that disconnect with reality again. I never made such a claim. I stated what it would would be an appropriate determination for his claim.

will happen OR will deny him relief because he was uncooperative when a title issue needed corrected as I suggested is likely

where is he being uncooperative? It is not his obligation to take the car in for an inspection. Maybe if the dealer offered him some money for gas or his time but as it is, the dealer is expecting him to do it out of the kindness of his heart. The dealer is the one with the obligation to settle the title issue. OP offered to let him take the vehicle to do it.

OR will grant him a refund minus reasonable charges for the wear and tear he has been putting on the car he does not want as I suggested.

wear and tear?

My claim is that he sold me a car that I have not been able to use for the past 2 1/2 months.

I cannot title it, so I can't plate it, so I have had to maintain a different vehicle so that I can get back and forth to work

I doubt there is much but if the deal can be rescinded due to the title issue, dealer is likely SOL on any claim for what would be considered normal wear and tear, if there is any.





read this again:

I have made multiple trips to the DMV. First the wrong dealer was listed. Then the correct dealer put white out on the title and mutilated it. The dealer never processed the proper paperwork for owning it because it was really his mechanics car who title jumps through this dealer. So now he has had to go back and gather paperwork from two other MO dealers before him which in turn make the car considered as out of state(IL) hence the IDOD that he says he needs.

Hell, it sounds like the guy may not have even been able to legally sell the car. Not only that but it appears there may be illegal activities involved. The mechanic owned the car and never transferred title to himself? Sounds like the dealer might be wise to do what it takes to get out of this deal rather than have all the crap exposed.

 

[OHRoadwarrior]

You are so amazingly full of yourself, you have resorted to repetition to have something to say. I'm sure you will again come back with more drivel to have something to say. You did when you were wrong in the other thread. Go ahead, have the last word again. I know it is killing you.

 

[justalayman]

I had posted something but came to the realization you are not worth my time and are meaningless so I deleted it.

 

[BL]

If you do not understand the concept of unjust enrichment, I suggest you go to law school.

Do you understand what curbstoning is ?

This was/is his mechanics vehicle. The dealer trying to sell it under expired DBA.

All the poster has to do is prove all elements of his statements , and ,

AGAIN contact DMV to see exactlty what is needed to title , for more proof.

 

[OHRoadwarrior]

What matters is whether he had a valid dealers license.

Do you understand what curbstoning is ?

This was/is his mechanics vehicle. The dealer trying to sell it under expired DBA.

All the poster has to do is prove all elements of his statements , and ,

AGAIN contact DMV to see exactlty what is needed to title , for more proof.