Can I sell this car??

[Kbeebe]

My husband and I purchased a car in Virginia from a small dealership. On the way home it broke down. When we got it checked by our mechanic, we discovered that the were several obvious points for which it should not have passed inspection - the inspection was fraudulent. We immediately contacted our credit card and disputed the charge. Who knew what other issues were wrong with this vehicle. Shame on us! We have learned our lesson. However, the CC ruled in our favor, returning the money to our account. We have the title in our name, have since purchased another vehicle, we don't want the car, and the dealer won't respond. Is it legally ours to sell??

 

[Zigner]

My husband and I purchased a car in Virginia from a small dealership. On the way home it broke down. When we got it checked by our mechanic, we discovered that the were several obvious points for which it should not have passed inspection - the inspection was fraudulent. We immediately contacted our credit card and disputed the charge. Who knew what other issues were wrong with this vehicle. Shame on us! We have learned our lesson. However, the CC ruled in our favor, returning the money to our account. We have the title in our name, have since purchased another vehicle, we don't want the car, and the dealer won't respond. Is it legally ours to sell??

The time to get the vehicle inspected by a mechanic is before you purchase it. You can expect to be sued (and to lose) by the dealer once they realize the scam you pulled.

 

[latigo]

My husband and I purchased a car in Virginia from a small dealership. On the way home it broke down. When we got it checked by our mechanic, we discovered that the were several obvious points for which it should not have passed inspection - the inspection was fraudulent. We immediately contacted our credit card and disputed the charge. Who knew what other issues were wrong with this vehicle. Shame on us! We have learned our lesson. However, the CC ruled in our favor, returning the money to our account. We have the title in our name, have since purchased another vehicle, we don't want the car, and the dealer won't respond. Is it legally ours to sell??

Are you so naïve as to think that because the "CC ruled in your favor" that the dealership is going to fall over and play dead? That it will just forget that you have its car and haven't paid for it? Write it off? That it won't be coming after you for the purchase price?

Can you sell the car? Sure you have the title. You can also be assured that the dealership would be delighted to learn that you sold it. Why?

Because when the dealership sues you for the purchase price (and it will if necessary) you would have a devil of a time trying to convincing a judge that the dealership sold you a car that was mechanically unfit for sale. That you were victimized and your purchasers weren't.

 

[FlyingRon]

Virginia doesn't require any inspections as a condition of sale, however, you should be careful about concealing known defects when reselling the car.

 

[LdiJ]

My husband and I purchased a car in Virginia from a small dealership. On the way home it broke down. When we got it checked by our mechanic, we discovered that the were several obvious points for which it should not have passed inspection - the inspection was fraudulent. We immediately contacted our credit card and disputed the charge. Who knew what other issues were wrong with this vehicle. Shame on us! We have learned our lesson. However, the CC ruled in our favor, returning the money to our account. We have the title in our name, have since purchased another vehicle, we don't want the car, and the dealer won't respond. Is it legally ours to sell??

Yes, you can sell the car. The title is in your name. That doesn't mean that you will not be liable to the dealership at some point. It doesn't mean that you will be liable to the dealership either.

 

[Zigner]

Yes, you can sell the car. The title is in your name. That doesn't mean that you will not be liable to the dealership at some point. It doesn't mean that you will be liable to the dealership either.

Actually, if the OP doesn't make right on this, I could see criminal charges on the horizon.

 

[LdiJ]

Actually, if the OP doesn't make right on this, I could see criminal charges on the horizon.

Possibly...although its also possible that the dealership knew that the car wasn't worth anything and that is why they haven't done anything.

 

[Zigner]

Possibly...although its also possible that the dealership knew that the car wasn't worth anything and that is why they haven't done anything.

Huh? The car WAS worth something - it was worth exactly what they sold it for. Now the OP has reneged on that perfectly valid and binding agreement. Based on the fact-pattern, I can see the police investigating this as the OP defrauding the dealership.

 

[LdiJ]

Huh? The car WAS worth something - it was worth exactly what they sold it for. Now the OP has reneged on that perfectly valid and binding agreement. Based on the fact-pattern, I can see the police investigating this as the OP defrauding the dealership.

Perhaps the dealership is afraid that THEY will be investigated for fraud themselves. They are not only not contacting the OP, but the are not responding to the OP either. That is unusual. They could get their car back at any time just by responding. That is the only reason why I think that there is a small chance that nothing will come of this. They also may believe that the credit card company's decision to take the money back is binding upon them.

However, the OP should not behave as if there will be no ramifications from this. They really need to get the car back to the dealer and sign the title over to the dealer.

 

[Zigner]

Perhaps the dealership is afraid that THEY will be investigated for fraud themselves. They are not only not contacting the OP, but the are not responding to the OP either. That is unusual. They could get their car back at any time just by responding. That is the only reason why I think that there is a small chance that nothing will come of this. They also may believe that the credit card company's decision to take the money back is binding upon them.

However, the OP should not behave as if there will be no ramifications from this. They really need to get the car back to the dealer and sign the title over to the dealer.

The OP has no legal right to return the vehicle. Why are you advising them to do so as if such a thing were allowable without the agreement of the dealership? For all we know, the dealership's attorney is simply taking their time, since they know there is no real rush.

 

[LdiJ]

The OP has no legal right to return the vehicle. Why are you advising them to do so as if such a thing were allowable without the agreement of the dealership? For all we know, the dealership's attorney is simply taking their time, since they know there is no real rush.

Huh? People voluntarily relinquish vehicles all the time. Ever heard of a voluntary repo?

 

[PayrollHRGuy]

There is nothing in the OPs post to show that the car was financed other than by the credit card they used and then got the CC company to refuse. And I can find no cooling off period under Virginia law.

There is nothing that requires the dealer to recend the sale and if they try real hard they may just get the CC company to put the charge back on the the OPs CC.

 

[Zigner]

Huh? People voluntarily relinquish vehicles all the time. Ever heard of a voluntary repo?

A voluntary repo isn't the same as simply dropping the car off.

 

[latigo]

. . . . Based on the fact-pattern, I can see the police investigating this as the OP defrauding the dealership.

I'd say that you see pretty good, Z. 20/20 in fact.

Pretty tough to distinguish this "fact-pattern" from one in which they'd taken possession and title in exchange for a bogus check. Or one they placed a stop order on before it cleared.

Selling the vehicle would seem to seal their fate.