Legal Question in Consumer Law in California

Hi,

I'm embarrassed to ask this and know I'm a naive 19 year old and everything, but I really would appreciate any advice you can give.

My friend Kevin works at a used car dealership. I needed a car so I asked Kevin to tell me when they got a nice cheap car in.

Several months later I had enough money to finally buy a car, so Kevin showed me one. It was $3000 which was all I could afford, and seemed good from the test drive, so I bought it. I foolishly paid in cash and didn�t even take the title :( I know it was dumb, but I�ve known Kevin forever and never on my life thought I would have a problem.

The owner of the dealership said they could not give me the title because the car did not pass smog check, and the other dealership could not hand over the title until it passed smog. I went to get it smog checked, but the car couldn�t take the test because the �check engine� light was on.

While I was saving up to make the necessary repairs to the car, it was towed for parking in a no parking zone after 4:00 pm (I went to the store, came out, and it was gone). The impound lot would not let me take it back since I did not have the title, but the owner of the used car dealership said he would take it out for me if I gave him the keys. He got it out, but he did not give it back. Now he has the car and says I will have to pay him another $1000 if I want the car back.

I tried to talk to the owner of the used car lot about paying him back just the towing fees. Even after explaining that I couldn't pay it, he demanded $1000 or "no car back", probably because he�s labeled me as a sucker and knows I have nothing to show I ever owned the car. All I have is 1) a lot of people in my life seeing me driving it for 2 months 2) A repair invoice on the car.

I just feel like crawling into a corner and crying. I really needed that car, my step-mom can�t drive and my little brother has a serious medical condition. I bought that car to take care of him and our family, and now I have no car and lost the money.

Do I have any way to get the car or the money back? Is there anything at all I can do?


Asked on 11/18/09, 2:55 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You could go to small claims court. Take Kevin as a witness. You could sue the dealership for conversion, fraud, breach of contract, etc. The dealership is required to smog the vehicle before selling it, so the court should unwind the deal and require it to pay the money back. However, it might take some effort even after a judgment.

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Answered on 11/23/09, 5:26 pm


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