Can I get my money back from a car dealer plus repairs if they dont have a title

UPDATED: Jan 8, 2019

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Can I get my money back from a car dealer plus repairs if they dont have a title

Bought a truck spent 4000 dollars now
they said no title

Asked on January 8, 2019 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on whether they simply lost the title form or whether they never owned or can't prove the owned the vehicle.
1) If they lost the form, but there is no doubt they were the owner, they need to do/pay what it costs to have new title issued and provide to you. If they don't or won't, you could sue them as per below, since then they are violating the agreement.
2) If they never owned or can't prove they owned the vehicle, they breached the contract or agreement--i.e. to provide you a vehicle with good title. That breach means you can treat the agreement as terminated and recover your money paid plus any other reasonably foreseeable or logical costs you can show you incured--like repair costs spent on a vehicle you do not own. You would sue them both for breach of contract and also fraud (on the basis that they lied about being able to sell you the vehicle, to get you to pay them money).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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