Can we get are money back for a car we bought because the seller didn’t follow through with getting documents switched over to us?

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Can we get are money back for a car we bought because the seller didn’t follow through with getting documents switched over to us?

My husband bought a car on craigslist 2 months ago. The people he bought it from brought it straight to him with the title/bill of sale in hand but they did not get it notarized because the DMV was closed. So they agreed to meet that following week to get everything settled. It has been about 2 months and the car has been sitting for 1 month since there’s no paperwork; the couple have given excuse after excuse why they can’t make it to get the paperwork done. We are thinking about getting our money back but he didn’t have them sign anything stating that they sold the car to him for $3100 but he does have a text.

Asked on April 24, 2012 under Business Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Implied in every sale of an automobile is the transfer of registered title of the former owner to the new owner where the former owner is to assist in getting registered title transfered.

In your situation, since the sellers have not followed through with their obligation to get the necessary paper work to have the vehicle placed in your and your husband's names as promised in a reasonable manner, their failure to do so could be deemed a material breach of the agreement warranting you to rescind (cancel) the purchase.

I would write the sellers a letter giving them a deadline to get you the necessary paperwork to transfer title of the car into your names. Keep a copy of the letter. If the deadline comes and goes without getting what you want, your recourse is to file a legal action against the sellers.


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