Legal Question in Consumer Law in Massachusetts

I bought,a car from a dealer and offered my 16 year old son's truck as a $1500 trade-in. The title is in my son's name but at the time of the sale we had not received it from the rmv yet. The dealer took the $1500 from me with a credit card payment - so as of now the car is paid in full. We left the truck at the dealership. Since I have already paid in full for the car and the dealer does not have the title for the truck yet, can I get the truck back from the dealer instead of giving them the title? They are telling me that they have already sold the truck and we can not have it back. Thanks for your advice.

Asked on 8/13/13, 6:00 pm

1 Answer from Attorneys

Thomas Beauvais Thomas Beauvais, Attorney at Law
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It's unlikely they sold the truck. Reason being that its unlawful to sell a vehicle that you don't possess title to. While you wouldn't have a claim against the dealer for that violation, the buyer certainly will when they find out they can't have the truck registered because the dealer never gave them good title.

As far as whether you can get the truck back, you should look at the purchase agreement. It must state the value of any trade-ins. If it doesn't because you paid with your credit card, then you should be able to get it back.

Now if they have in fact sold the truck, then you should be entitled to the $1,500 you paid from your credit card, otherwise they've received $1,500 more than they're entitled to because they have your payment and the truck.

Hope that helps. If you need further assistance, I'd recommend going on NACA.net and searching for a consumer attorney nearest you.

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Answered on 8/13/13, 7:00 pm

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