Legal Question in Consumer Law in Missouri

I was sold a car with a defective title

I bought a 95 Mustang from a dealer who took the car in trade. When I tried to insure it I was told I couldn't since it had been writen off. When I did a CARFAX I found out it not only had a salvage/rebuilt title from OK but that was actually the last title issued for this car and not the one issued in Kansas that the dealer had. The dealer doesn't want to refund my money. They say they are a big corp and tie this up along time and cost me more than the car if I try to take it to court. MO Motor Vehicle Bureu says I may never get clear title to this car and if I did it would come with the salvage history rendering the car all but worthless. I have filed a complaint with the State Attoney General's Office. Do I have any other recourse other than going to court if that fails?


Asked on 4/02/04, 2:15 am

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

Re: I was sold a car with a defective title

Yes, you have an action for unfair merchandising practices under Chapter 407 of the Revised Statutes. You might also have a claim of negligent misrepresentation against the dealer.

If the amount of money is less than $3000, you can take the dealer to small claims court without an attorney and there is no "tying up" process they can use there. If it is more than that amount then you'll need to go to Associate Circuit Court, and there you might well have a harder time as there are certain procedural delays built in.

You might also have other statutory actions, depending on the facts. Most civil attorneys could handle an action like this, and Chapter 407 provides for attorneys fees if you win. That might make it easier to find an attorney to take it on a contingent fee basis.

Good luck!

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Answered on 4/02/04, 8:38 am


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