Legal Question in Consumer Law in Georgia

To make a long story as short as possible, a car dealer sold my daughter a car. To date they have given her 4 temporary tags and no paper work has been filed with the DMV to allow her to get the plates in her name. Out of frustration we reached out to a title bond company and learned that the vehicle was never in their name (I’m assuming it is in the former owner’s name). After more research we have learned that the company does not have a license or a bond to sell used cars in Georgia. Through the title bond company she was able to get a bonded title so that she could get plates for the car. The car cost $3000 she has paid about $1,500 so far the blue book value is $1,100. They can keep the money paid so far but she would like to terminate the contract so that no additional money is due. Can she sue the dealer to break the contract under the grounds of misrepresentation and would this be done in small claims court?

Asked on 8/30/13, 4:53 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP
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Small claims court lacks the jurisdictional authority to terminate the contract. What you need to do is take the contract to an attorney and have them read over the terms of the contract to see if there is a basis to allege they breached it and to determine what steps need to be taken to return the car without making her liable to them for the full amount.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at hmgrmg@yahoo.com, or through our website: hicksmasseyandgardner.com.

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9/04/13, 1:13 pm

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