Legal Question in Consumer Law in Massachusetts

automobile title

My son purchased a used car and financed it. The title was sent to him two months after purchase date. It has his name on it only as the owner. There is no lien holder listed. There are no previous owners on the back. It is solely in his name. The car dealer called frantically several times and said if he doesn't get the title from my son he will be 'charged back' for the car. Does this glitch mean that my son is the legal owner? What can the finance company or the dealer do to him? He is still paying the loan weekly right now. He got a rotten deal on the car and I told him not to give back the title. Thank you for your help.


Asked on 8/16/05, 11:31 pm

2 Answers from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: automobile title

The finance company is worried that they do not have a secured loan because their name is not on the title as lienholder and they do not have possession of the title. Your son is in violation of the terms of the contract, most likely, although I would have to read it to be sure. If the error was caused by them in the info they sent to the Registry, it will help a little, but ultimately the finance company is entitled to its security. If you have an issue with the car, you can raise it by a c. 93A letter to the dealer under the lemon laws, but you do not have the right to withhold the title if the finance company contract requires that they hold the title until paid in full.

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Answered on 8/17/05, 11:33 am
Joseph Murray Joseph M. Murray, Esq.

Re: automobile title

While a full reading of all documents your son signed will most likely reveal that he does not have the right to withhold the Title from the Finance Company, the apparent Dealer's error may provide some additional leverage to negotiate the other "issues" whereby you believe he got a bad deal. Consider consulting an attorney as to whether your son may have potential consumer protection (Lemon Law) issues that may provide additional points of leverage with the Dealer. Good Luck!

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Answered on 8/19/05, 7:45 pm


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