Legal Question in Consumer Law in Florida

No title fraud?

I purchased a used vehicle for $800.00. The total was paid in 2 installments and we have a written receipt of the purchase. Upon her receiving the final payment, thats when she informed us that the vehicle we just purchased is still being financed from a used car dealership!TO ME THAT MEANS THE CAR ISNT EVEN HERS TO SEE SINCE SHE HAS NO TITLE, AM i RIGHT HERE? Apparently she and the dealership made an agreement to satisfy the note by letting her pay the $800 and she would receive the title. But that was only for a limited time and the time expired, so now she was back to paying the car off for the full amount of $2000+. I have received $400 back from her but now its one excuse after the other or she's refusing to call us back all together. What, if anything is there that I can do. I feel that the car was sold under fraudulent purposes and I do not know what to do. For all I know she can report the car stolen and now I'm holding the stolen vehicle??? Please help so I can end this.

Thanks for listening

L


Asked on 8/30/07, 9:15 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: No title fraud?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Cars are sold with liens on them everyday. The liens are paid off at the time of transfer with the monies received from the sale. Unfortunately, this one has gone bad and perhaps without the Seller's advance knowledge that more would be due to pay off her lien.

Since you have already received one-half of your money and due to the small amount in question, you should try to work this matter out before resorting to litigation which can be more costly that the amount in controversy. In the interim, you apparently have possession of the car which must have some value also.

Scott R. Jay, Esq.

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Answered on 8/31/07, 11:14 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: No title fraud?

A person that is financing the car still has title to the car, it's just that the lender has a lien on the car. The car can be sold and transfered subject to the lien.

Sounds like you still have the car, but have received half the money back. You can sue for the other half, obviously -- but given the amount, you may be better off having a face to face conversation about how and when you will get your money returned. Working it out will be easier and probably less painful than the mess of a lawsuit.

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Answered on 8/30/07, 9:47 pm


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