Legal Question in Civil Litigation in Florida

I went to purchase a vehicle yesterday and paid cash. The seller gave me the title and I went to get the vehicle registered so I could return with a tag and drive it home. When I got to the dmv I saw that the title was not in the sellers name. So I can not register it without the signature of the person who sold it to him and the bill of sale for that transaction. I returned to pick up the car and the seller was not there and the vehicle was not there. This was at his place of employment. He then started giving me excuses all day why he could not meet to hand over the car and keys. It has now been 24 hours since the purchase, the seller will not answer his phone, and has not produced the vehicle. I have no receipt for payment but do have multiple witnesses. I have his address, work address, full name and drivers license number. I have the title in my possession but his name is not on it anywhere. What should I do/ Can I do?


Asked on 4/25/13, 6:21 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You can sue in small claims court for the return of your funds if less than $5000. If you want to sue for specific performance of the contract, you will need to sue in County or Circuit Court depending on the total cost of the car. If it was a fraud, neither of these methods is going to help you much. You may want to report it to the Police as well. Seek some legal advice with all your information.

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Answered on 4/25/13, 6:35 am
Angelo Marino Angelo Marino Jr. PA

I would call the police and send a civil theft letter. See 772.11, Fla. Stat. If no payment per statute, contact a lawyer. see www.ConsumerLawyerHelp.com

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Answered on 4/25/13, 7:20 am


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