You might have a case for breach of the sales agreement, depending on what the agreement says. Try to work it out with the dealer first, though, since they may go overboard to make sure you are a satisfied client.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
Yes. A dealer may not sell something it does not own. You are also entitled to the benefit of the bargain, ie, if you "got a deal" you should not lose out on the opportunity. Feel free to get in touch with my office as we handle auto dealership issues statewide. We will give you a no fee review.
With the sale of a vehicle comes a warranty of title. If the dealership failed to transfer good title to you, it breaches this warranty of title. Generally, you can cancel the transaction and recover the consideration you paid for the vehicle--the $5,000 downpayment.
If you want to keep the vehicle, you would need to compel the dealership to perfect the title for the vehicle. Depending on the status of the title, this may mean paying off any liens or removing any other encumbrances to the title.
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