Legal Question in Civil Litigation in Maryland
my fianc�e had a food trailer build it was suppose to take 6 weeks it took 11 it was supposed to be "titled" in his name- the invoice was in his name but they put the title in the name of the company my fianc�e borrowed the money from- the trailer has been deliver to my fianc�e business address in the other companies name with defects such as screws missing, steps painted then footsteps in the paint, drill holes, door hatch broke off... My fianc�e asked them to correct the title they send an e-mail-"you must think we're stupid" so he can't get tags.... AND they cashed the check before the trailer even arrived!! What can he do?
1 Answer from Attorneys
How the trailer was titled would have been determined by the loan documents he signed to finance the purchase. Usually, it would be titled in the name of the owner, but the lender would be listed on the title as a lienholder. That would protect its interests in case the owner defaults or tries to sell the vehicle, but would allow him to properly register it. He should discuss this with the lender. As for the defects, he ought to enlist the assistance of the lender in getting the contractor to correct them, especially if they are preventing him from proceeding with the operation of the business, which would generate the revenues necessary to make the loan payments. If they won't go to bat for him, he will have to file a lawsuit, which will be time consuming and expensive.
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