Legal advice...dealer never submitted title and registration paperwork...

[G-Benz]

Bought the Mustang (in the sig) for my daughter back in January at an independent dealership. CarFax and paperwork all seem legit. Temp tags on car set to expire in mid-March, so salesman has to file all paperwork within 45 days by law.

March has come and gone...still, no title and no plates. Contacted dealership by phone...no answer. Visited car lot (less than a mile from home) and sign is lit up, lot has inventory, but building is empty.

The dealership has another location (pretty far from me), and the secretary says that the salesman who sold us the car was let go and they were facilitating all of the paperwork for the folks that bought from him...would take a couple of weeks. Fair enough.

Called a week later and she is told to inform everyone to contact the former salesman's attorney. Confused, I ask why. I am told that salesman for the former lot was not authorized to sell and used their dealer license unlawfully. The lot where we bought the car was leased and they assume no liability to the transactions that occurred there.

Btw, I am NOT going to talk to that salesman's attorney...

The website showed both locations were part of the same dealership, so I don't get that explanation. Anyway, I have to wait this PM to contact the GM or owner to find out what's up.

In the meantime, I filed a complaint with the Attorney General's office and the DMV enforcement division. I also have to pay $25 to get new temp tags for the car until the state can pursue the matter.

For all you legal eagles...any additional action to be taken on my part, or recourse?

[JollyRoger]

You need to get in touch with the fraud division of your local police department. You need to file criminal fraud charges and then retain a lawyer to sue the dealers, who is ultimately libel for how his license is used. All the avenues you are pursuing are civil court stuff, cut out the small stuff and bring in some heavy artillery by filing under a criminal statute, you have obviously been defrauded, and the longer you wait to file charges the harder it will be. Just about any lawyer would be smacking his chops for a chance to sue them on contingency, go get you a well known meanie, you've got triple damages in royal flush spades.

[TnBob]

Both locations are under the same corporate umbrella. The corp is responsible for all transactions that occur in their name.

The lawyer your looking for should make a junk yard dog look like a pussycat.

Who every is answering their phone is just postponing you.

For proof, I would have a friend visit the non staffed place you got your car from.. call the main number and ask about one or two specific cars on that lot. If they answer ANY questions, they have confirmed its their lot and that ultimately THEY are responsible.

You should be filing criminal charges today too.

[tbomachines]

Don't wait another minute...the longer you wait the more difficult it will be.

Btw your daughter is one lucky girl--getting a mustang!! I wish I were that lucky!!

[dynalow]

"No title" smells like a lien issue. Like maybe the original loan on the car wasn't paid off.
"Salesman was let go" smells like real trouble. Possible fraud or theft on someone's part.. dealer, salesman or maybe both.

It may be a paperwork problem. But if they took your money, and there is an unsatisfied lien on the car title, you in deep do do and will probably need to sue the dealer. Hope for your sake it doesn't come to that.

A big Ford/Volvo dealership (South Shore Ford in Marmora NJ) near here went belly up a few years ago, and Ford Credit came in with the state police and took all their cars out of there pronto. People were screwed in just that way-unsatisfied liens on re-purchased trade-ins. The lien holder (bank or finance company has a position superior to any subsequent purchaser as long as the loan is unpaid.
FWIW I am not a lawyer and I don't live in TX, so I don't know jack about this whole matter.

[TylerH860]

Since you didn't get the title almost immediately I imagine the dealers bought the car on credit. When they sell the vehicle, they pay off the car with the interest accrued, the loan company releases the title and you pick it up. In the two instances I've dealt with dealers who do this, one had the title with in days, the other pushed it to the 30 day max. A carfax would have shown if there was a lien reported without a payoff, which I imagine you ran in the first place.

My guess is the jaded salesman made a huge mess of things paperwork wise, or perhaps kited off with the dealer's money. They initially tried to make things right, but now they are in full damage control.

I agree with other folks sentiments about getting a lawyer. I'm sure everything will get sorted out; it will just be a PITA (as if its not already).

[Brian Carlton]

The entire situation whereby a dealer is permitted to take your cash and payoff the loan to get the title released has always caused me significant pause.

After you hand over the money, you have absolutely no assurance that those funds are used to actually payoff the lien and you have absolutely no assurance that the title will ever be released.

This behavior is considered typical in the auto resale industry where it would never be tolerated in any other industry. You're buying the vehicle and the title to that vehicle. If they can't deliver both, they are not entitled to the money, IMHO.

[elchivito]

How much cash are you out? Was there a trade in involved?

[Hatterasguy]

Originally Posted by JollyRoger

You need to get in touch with the fraud division of your local police department. You need to file criminal fraud charges and then retain a lawyer to sue the dealers, who is ultimately libel for how his license is used. All the avenues you are pursuing are civil court stuff, cut out the small stuff and bring in some heavy artillery by filing under a criminal statute, you have obviously been defrauded, and the longer you wait to file charges the harder it will be. Just about any lawyer would be smacking his chops for a chance to sue them on contingency, go get you a well known meanie, you've got triple damages in royal flush spades.

X2, do exactly that.

Its possible if their is an unpaid lien holder that they may come looking for the car.

[G-Benz]

Originally Posted by elchivito

How much cash are you out? Was there a trade in involved?

About $5K (incl., TTL). No trade-in involved.

[t walgamuth]

I am sorry to say it sounds like a local car dealer who was taking the money but not paying the rightful sellers their money. When folks failed to get titles they went to the prosecutor.

The car dealer went to jail over it.

I am pretty sure the defrauded buyers lost their cars in the deal though.

I hope your guy is not this far down the toilet.

Definately go to the prosecutor.

[catmandoo62]

Originally Posted by Hatterasguy

X2, do exactly that.

Its possible if their is an unpaid lien holder that they may come looking for the car.

this is what i would worry about.until this is resolved i'd take the car and hide it.all some repo dude needs to do is stake out your house til the daughter leaves for school or the mall or what ever,wait til she leaves it, hook it and its gone in 60 seconds or less!

[t walgamuth]

Originally Posted by catmandoo62

this is what i would worry about.until this is resolved i'd take the car and hide it.all some repo dude needs to do is stake out your house til the daughter leaves for school or the mall or what ever,wait til she leaves it, hook it and its gone in 60 seconds or less!

What good will that do? He already has no title for it. With an unpaid lein he will not be able to get title either. that just delays the inevitalbe and makes him look guilty of somehting.

[catmandoo62]

here in iowa you can take the vin number off the car and send it in to the state dmv asking for info on it's current status.i had to do this on an 89 300ce i bought from a dealer that was selling it on his lot for a "buddy" of his from florida.i waited about a month and a half and still no title,then the dealer says he will be coming back up here in a week with title.never happened.supposedly the guy lived in south dakota,but after talking to an iowa d.o.t. officer i inquired to iowa with the vin and it came back that it had a lein against it and was titled here in iowa.so i just took the car back and got my money back.about a month later i see the car driving around with new plates.too bad too i loved that car.

[4x4_Welder]

Before starting any legal action, print out the dealer's page that has both addresses, that is your proof it's one company. Then, go to the police with a fraud complaint.