Legal Question in Civil Litigation in California

I bought a car from a used care dealership a little over a year ago. Shortly after purchasing the car it broke down. The car cuts off while you are driving, the brakes were severly worn, and there are a full range of other problems. On top of the problems, the dealership has not issued me any registration or tags for the car so it is not legally registered to me the car is still in someone elses name. My husband has gone to the dealership numerous times and only gets the run around. I spoke with the finance company and they are aware of the situation. They apologized and saw in their system I do not have registration. They were suppose to get back at me in a day or two; it has been two weeks and no one has contacted me. I have faithfully paid every car note on time, except for this last one, I am witholding it due to the situation. Please advise on what I can do legally.


Asked on 8/12/10, 9:52 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Shortly after you saw all the problems you should have returned the car to the dealership. You may still be able to proceed under the "lemon" law for defective cars. Write a letter to the head of the dealership listing all the problems with the car, stating what you were told when you bought it, detailing all the times you went in for the registration , etc. Tell

them that the requirement in any purchase of a car is to get ownership of the vehicle, since they have not provided that they are in full breach of the contractual agreement [purchase], you are going to drop the car off at their lot, you demand return of your purchase price and the take care of the loan on the car, that yo get back the loan payments yo made [to extent do not overlap with purchase price], and you will pay a reasonable rental for a car with so many problems. Inform the finance company they must look to the dealership and cancel the loan [they probably will not]. The dealership will not co-operate so you will need to tell them they can pick the car up at your house when the phone ahead.

You will have to sue them [find out from car tracks how many accidents it has been it and correct odometer reading]. If your losses are $4-5,000, hire an attorney to tell you how to present your small claims court case. If you are willing to do most of the leg work, an attorney might be willing to take the matter to a judge trial in Superior court, but he/she will likely want to earn $3-4,000 for the case. There are some of us who charge less, but you would have to look around.

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Answered on 8/17/10, 5:55 pm


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