How can I get my money back fora vehicle that I bought froma private seller?

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How can I get my money back fora vehicle that I bought froma private seller?

About 2 months agoI purchased a vehicle from a private seller in SC. The seller, as it turns out, is not the registered owner of the vehicle. When I took the title to my local DMV to register it, I was told that there was an error with the milage. The registered owner has to apply for a duplicate title and sign it over to me in order for me to move forward. However the RO is in assisted living and the power of attorney is his son. The catch 22 to this issue is that the seller, the POA, and the RO all share the same name. The seller isn’t cooperating, what are my options?

Asked on April 5, 2011 under General Practice, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you can't get title, the sale never happened--so you could rescind it and get your money back on those grounds.

If the mileage was represented as lower than it really was, that may be fraud--which would again allow you to rescind the contract and/or sue for damages.

If you were told that someone owned a car and could sell it, but couldn't, that's also fraud--and you can rescind the deal and sue for damages.

Note that the two points above may also support criminal liability--i.e. may be able to file or press charges.

The downside is, other than calling the police--which might get the seller punished, but probably won't get you your money back--is that you have to file a lawsuit and sue the seller.


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