Legal Question in Business Law in Utah

I had a used car that needed a new transmission. Rather than fix it I sold it. I told the buyer it needed a new transmission, that I had been quoted $1800 and took $2500 off the book value, just to be safe. That was a few months ago. I recently got a phone call from a young woman trying to register the car. The title had been in both my wife's and I's name, but I was the only one who had signed it. The young man I sold it to, who knew it needed a new transmission had turned around and sold it to this young lady for full price. She directly asked about the transmission and was told it was fine and that he had repaired it. My wife signed the title but we feel terrible that our car was involved in cheating her. Do we have any recourse? Can he miss-represent car condition and lie about repairs? Can he even sell the car without actually recording the title? Of course, she has witnesses but nothing in writing except her cashed check.


Asked on 4/24/12, 8:49 pm

1 Answer from Attorneys
Mel Larew

Any recourse is not yours but the new buyer's. The best you can do is assist her in pressing her claim against her seller. Yes, he can sell the car without recording the title. She can take her seller to court without an attorney, although she would be wise to consult an attorney in the area for guidance in how to present her case. The Utah Bar has a lawyer referral service that she can utilize and speak to up to 3 attorneys at little or no cost in getting some verbal guidance. Perhaps one will assist her at little charge in preparing an outline for her presentation in court.

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Answered on 4/24/12, 9:19 pm


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