Legal Question in Consumer Law in New Jersey

Auto dealer cannot produce title

On 12/19/06 bought a used 2006 Mercedes. I traded in my 2002 VW (with lien lien on it) and paid the difference in cash.(Total with trade was over $31,000) I still do not have title for my car. The dealership claims it mistakenly applied the money I have it to a lien on a different car than the car I bought. It still cannot get a release the lien on the car I purchased. Accordingly the Mercedes is in my driveway, while I drive a loaner. Yesterday, I get the renewal from for my traded in VW, to renew my tags on the car I traded in almost 4 months ago. I suspect someone is driving around in my old car, which must still be in my name. I am on my 5th temporary tag on the new car and have been told not to drive it since it is not registered in my state. What action should I bring against the dealership?


Asked on 4/07/07, 10:29 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Auto dealer cannot produce title

My experience is that this is one of the times that a suit is the appropriate course of action. The suit will have to be brought in Law Division assuming that the dealer is located in NJ because Special Civil Part can't grant the equitable relief that you will demand.

Many cases are helped by a letter from an attorney that shows your commitment. This is probably not one of those cases. If the dealer has been unwilling or unable to help you up to this point, there is something wrong that will generally not get fixed by working with the same people.

There is a lot of money involved and the longer you wait to force the issue, the less likely it is that you will get a good result. Remember, unlike TV, every real-world story about good people does not have a happy ending. Consider for example what would happen if the dealership were to declare bankruptcy tomorrow without having paid the lien in the Mercedes. There is a good chance that it would mean you being $31,000+ out of pocket with no recourse.

My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/07/07, 1:23 pm


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