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Hello I purchase a used car in VA from a...

Resolved • Response time 1 minute

22 Jan 2022

Hello I purchase a used car in VA from a wholesale dealer and they haven’t given me the title to the car I purchased. What can I do? I also had to spend additional money in car repairs on the car I purchased.
JA: Have you contacted the seller or manufacturer?
Customer: Yes I have contacted the seller Several times by email and phone. I also went to the dealer. They claim they are processing but paper work. When I went there the folder was still in the file cabinet. So I don’t even think they went to motor vehicles to get title.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have told you everything.
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22 Jan 2022

Ask your own question
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • We are transitioning to a new system to better serve you, so there may be a slight delay in my responses. Your patience is greatly appreciated.

Did they say why they are delaying at all?

22 Jan 2022
Customer reply
22 Jan 2022
Well I purchase the car on 12/13/2021. From Autoheaven Inc.
25284 PLEASANT Valley rd Suite 120
Chantilly Ba 20152.I realized I didn't receive my title yet and need to have title to transfer registration to MD were I live. I called, I email over the course of the holidays no response. On 1/12/22. I drove to the dealer to ask for my title. That is when no one in the office to it to be processed they extended my temp tag but that will be expiring soon. I want my title. On top of that I have had to pay for two major repairs since then. This car seems to be a lemon.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Yikes! Did you retain a bill of sale?

22 Jan 2022
Customer reply
22 Jan 2022
I have all that information.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what it is you can do here, correct?

22 Jan 2022
Customer reply
22 Jan 2022
Legally what can be done to get my Title for the car or I can returns the car and they can refund my money I paid for the car.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

22 Jan 2022
Customer reply
22 Jan 2022
I am just
Very upset
And displeased with how the dealer is not taking care of completing this part. I paid them $7995.00 plus $695.00 to process fee. Total of $8690.00 cash.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

22 Jan 2022
Customer reply
22 Jan 2022
Thank you
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

You bet! I'll be with you ASAP!

22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

You have a few options if they have not delivered the title on time. You have a cause of action to help resolve this difficult scenario.

This appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim.

This means that you have a couple of options.

  1. The quicker, informal option is to send a demand for performance. You can go to etsy.com to find a good breach of contract template for this. It's easier (and cheaper) than hiring an attorney. Click the link to get started - https://www.etsy.com/listing/674752957/demand-letter

  2. If it was a dealer, you could file a complaint with the DMV for their failure to deliver the title within the time frame promised.

    1. You could seek a surety bond. This is money you pay to get title to the vehicle. The bond is generally paid out to cover any losses in the event someone else files a claim of ownership. You can find a surety bond company to underwrite the bond amount. The owner (you) normally pays the insurance company a percentage of the bond amount. Insurance companies often determine the percentage based on the owner's credit worthiness. On average, the insurance company may charge $15 per $1,000 of the bond amount. You can click here for what VA requires - https://www.dmv.virginia.gov/commercial/#mcs/programs/intrastate/bond_require.asp

 

  1. You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything.

Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely. Feel free to return here with additional questions or comments if you need more information, and thank you sincerely ***** ***** question and for using Just Answer as your source for legal information.

22 Jan 2022
Customer reply
22 Jan 2022
I have one more question. When we did the paper work at the dealer I have a copy of the certificate of
Title and registration application can I take that the dmv and get the title myself or I still
Need the dealer to do that?
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Suret hing! You won't need the dealer to be involved. Getting a bonded title can help you get the ownership they are dragging their feet on.

22 Jan 2022
Customer reply
22 Jan 2022
a Bonded title
Seems to be the better Option in your opinion?
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Correct! The reason is that you have a bill of sale and there is no way anyone will try to claim the title in this case. You would just end up getting full ownership. The bond is only good for like 3 years, so after that, no one can make a claim on it.

22 Jan 2022
Customer reply
22 Jan 2022
Do a file a bond title at
DMV? Or with an attorney?
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Sure! With the DMV. You won't even need to hire a lawyer at all!

22 Jan 2022
Customer reply
22 Jan 2022
Oh I understand now.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Excellent! Did you have any other questions for me today?

22 Jan 2022
Customer reply
22 Jan 2022
I guess it's probably best to make an appointment at dmv to get
This matter
Taken care of?
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

You got it! I'd start on that Monday if I were you.

22 Jan 2022
Customer reply
22 Jan 2022
do you think it's even worth fighting for then processing fee since the dealer didn't hold their part of the deal with the selling of the car?
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

Oh you could still sue for the processing fee you paid in a separate hearing.

You may want to consider going to small claims court. It’s designed for people without a lawyer.

You'd have to go to your local courthouse, ask for the small claims forms, draft your complaint, file it, pay the filing fee, then give the copy of the filed document to a third party who would then deliver the copy to the other party. After that, that person who delivered the paperwork would file a document with the court stating that they served the party with the documents on X date, in Y place, at Z time. The court will then schedule a hearing on the matter, you bring whatever supporting documentation you have, make your case, then let the judge decide.

Did you have any other questions for me today?

22 Jan 2022
Customer reply
22 Jan 2022
You have been most helpful in providing information in this matter. Thank you.
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

In any event, my name is ***** ***** I want you to come back by clicking this link. https://www.justanswer.com/law/expert-dmwesq/.

In the meantime:

  • You can save me as a favorite if you would like.
  • Tips of course are never required, but always appreciated.
22 Jan 2022
Customer reply
22 Jan 2022
Thank you
22 Jan 2022
Lawyer's response
22 Jan 2022
Legal Eagle
Legal Eagle
Attorney

:)

22 Jan 2022
Customer reply
25 Jan 2022
I am still trying to locate an attorney in Marylans will handle this type of case.
25 Jan 2022
Lawyer's response
25 Jan 2022
Legal Eagle
Legal Eagle
Attorney

I don’t have any specific contacts; however, I can do the next best thing.

One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS typically only lists experienced attorneys who have adequate staffing to assist people.

Yelp.com is a surprisingly good place to find lawyers.

You can check out find.lawyer.com - Lawyer.com Free Consultation Lawyer Form - JustAnswer

You can also find a lawyer on the Legal Services Corporation website. The LSC is an independent non-profit organization authorized by Congress in 1974 to help people find legal aid services (https://www.lsc.gov/what-legal-aid/find-legal-aid).

Sometimes, the local law schools can provide free legal assistance, too.

You can also return to this site and ask questions to me as you go through this process to keep your costs down.

=

25 Jan 2022
Customer reply
25 Jan 2022
I did visit the dealership this pass Saturday and one of the salesman stated that the car was brought at a auction and the title was properly titled when they purchase the car my question to them was why would you say a car is ready to sell and the title isn't right that makes not sense to me.
25 Jan 2022
Customer reply
25 Jan 2022
You mentions something last week. If good to small
Claim is it a maximum amount you
Can claim. For Md?
25 Jan 2022
Lawyer's response
26 Jan 2022
Legal Eagle
Legal Eagle

Thanks so much for that! I am more than happy to help with any new questions, but since this is a per-question site, would you be so kind as to open up a new thread (for free) so you can ask the separate question? All you need to do is: 1. Go to justanswer.com; 2. Use the email address you used to sign up; 3. You can create an account and create a password; 4. Once you do that, you can see my profile, and click on it to ask a new question.

Legal Eagle
Legal Eagle
Attorney
Avg. question only $36
Licensed to practice before state and federal court
26 Jan 2022
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