Legal Question in Consumer Law in Missouri

automobile sale

A wife goes into a car dealer and trades in a car for a newer one. She is instructed by the sales person to sign her name and her husbands name on the title of the old car and the paperwork for the new car. What legal issue does the dealer have if the husband refuses the deal because he did not authorize it. The old car has been returned to the couple and the dealer has received the new car, but is suing the wife for fraud.


Asked on 9/04/03, 11:32 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: automobile sale

It sounds like a rather interesting mess.

Technically when the wife signed the husband's name in order to carry out the deal, she was making the representation that she had the authority to act for the husband. She didn't, it sounds like, and so the husband unwound the deal.

The claim against the wife for fraud would be based on her signing the husband's name. If she was directed to do that by the dealership, then the dealership has unclean hands and might be estopped from collecting a judgment against her.

In most situations like this the dealer merely keeps the deposit and is happy to have it. If they are suing, it may indicate some other serious issues.

Regardless, you need an attorney to help you resolve this issue in the most efficient way. You should seek one out.

Read more
Answered on 9/04/03, 11:52 am


Related Questions & Answers

More Consumer Law questions and answers in Missouri