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Purchased an 18 wheeler on the 11th the deal was finalized... I cant work the truck without title... Can I return it

Houston, TX |

Bill of sale dated the 4th. Dealer having trouble getting title to the bank and me. I'm stuck with a note and paying insurance but can't work with no title.. Its as is and the day I left the lot a/c went out..The bank paid the deal and didn't get the title or a reciept.. Everyday the dealer promises that he will fax the title reciept but it never happens. The company I leased the truck with are about to terminate the contract because they are tired of me saying tommorow he will fax it. I have spent 700 going back and forth fro houston to dallas because he keeps telling me. Today is the day.. I don't want the truck cuz I feel like he is playing games with me and. Won't fix anything.. What can i do?

Attorney Answers 4


  1. You bought it on the 4th of what month? That makes a difference. Normally the dealer is required to transfer the title within 30-45 days after the sale, depending on the local state law and if they don't then you may be able to cancel the sale. But the law can be a little different from state to state so you need to talk to a TX lawyer about this. DaSean Jones is in Houston. So is Mark Aschermann, Jim McMillen and others. They all know motor vehicle title laws. You can get their contact info, and other local attorneys too, at www.USLemonLawyers.com.

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you


  2. Dealer may not sell something it has no title to or cannot get title to. The contract may have an atty fee clause in it? if so, you can likely get someone good to help you and collect fees from them.

    Find someone like that off of this list for good direction:

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net


  3. You need to take all of your paperwork to an attorney. The attorney should look for and explain the seller's duties under the contract and your duties. Then you and the attorney can decide what recourse you have including returning the truck, reimbursement for the insurance and financing payments already made, any lost work contracts from the failure to deliver title. It is possible that a DTPA notice to the seller may get the title delivered, or get you made whole again. There may also be other remedies.

    This response does not constitute legal advice. The facts and circumstances of any particular situation are unique and require an individual consultation before relying upon the general information contained here. The responding attorney welcomes the opportunity to consult with new clients to determine the appropriate direction and strategy for their case.


  4. If you have purchased the truck from a reputable dealership - not a owner/seller situation - this may be worth pursuing a lawsuit. If you haven't discussed this with a lawyer, I recommend you do. Any questions please let me know or give me a call. Good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.