As the title states, I am looking for some legal advice on a consumer issue that I've recently ran into. I am willing to compensate someone for their search/advice as long as this advice is legit (referenced, etc) and could potentially hold up in court (it won't go that far but the point is that it needs to be legitimate). I know lawyer fees are quite high but I was thinking somewhere in the area of $50. PM or post up if you are interested in taking on this quick search or can provide or have some insight into the issue.
Here is the situation:
After getting rid of my Cobra, I picked up an 05 Nissan Maxima from a local VA dealer. (No names will be used as of yet). At the time of purchase, I was told that this car was a consignment and while the dealer had the permission to sell the vehicle, they would have to obtain the title from the owner. I ended up getting a very good deal on the Maxima because of a dealer's mistake and the dealer ended up losing money. I was threatened by the owner of the dealership that the deal is off and I cannot have the vehicle. I kindly reminded him that I do have the bill of sale as well as all the other legal paper work signed and in my possession. At that point, he told me that they do not think they can get me the title and therefore, the car can never be legally mine. However, after reminding him of his legal obligation as a dealer to provide me with the title, I was finally told that within the month I should have it. (There are other finer details in this story such as their unwillingness to return my calls, etc but for the sake of time and space, I can cover that later). So last month (June), as my temporary tags were getting ready to expire and I went in to update them at the same dealership, I was told that the title was still nowhere to be found and they will need another month. I was promised the title by LATEST July 15th. There has been no contact from their end as of right now.
During the time of owning the car, I found out that the model of the vehicle has been altered (the letters on the back of the car have been changed from an SE to SL to make it more appealing as SL stands for the luxury edition and is therefore more expensive). I have also found out (although the carfax report does not contain this information) that the car has been in a minor accident and there has been some paintwork done to the front bumper. I had a certified Nissan dealership conduct a Pre-Purchase Inspection and found absolutely nothing wrong with the car, including that the car "does not appear to have been in any type of collision". I have the report but believe it to be misleading. I am also starting to hear a slight noise coming from the automatic transmission during gear shifts, and will be bringing the car in for service. However, that is irrelevant here.
Bottom line and the stemming question: What are my rights under the VA law in this situation? Can I, as a consumer, return this vehicle to the dealer for a full refund on the grounds that there has been no title produced within the specified period and they did in fact lie about the model of the car? Is there a specific time that the title MUST be produced by the dealer otherwise the car CAN be returned? And to be clear, yes, I would like to return this vehicle.
Any help is much appreciated.
-Paul
Here is the situation:
After getting rid of my Cobra, I picked up an 05 Nissan Maxima from a local VA dealer. (No names will be used as of yet). At the time of purchase, I was told that this car was a consignment and while the dealer had the permission to sell the vehicle, they would have to obtain the title from the owner. I ended up getting a very good deal on the Maxima because of a dealer's mistake and the dealer ended up losing money. I was threatened by the owner of the dealership that the deal is off and I cannot have the vehicle. I kindly reminded him that I do have the bill of sale as well as all the other legal paper work signed and in my possession. At that point, he told me that they do not think they can get me the title and therefore, the car can never be legally mine. However, after reminding him of his legal obligation as a dealer to provide me with the title, I was finally told that within the month I should have it. (There are other finer details in this story such as their unwillingness to return my calls, etc but for the sake of time and space, I can cover that later). So last month (June), as my temporary tags were getting ready to expire and I went in to update them at the same dealership, I was told that the title was still nowhere to be found and they will need another month. I was promised the title by LATEST July 15th. There has been no contact from their end as of right now.
During the time of owning the car, I found out that the model of the vehicle has been altered (the letters on the back of the car have been changed from an SE to SL to make it more appealing as SL stands for the luxury edition and is therefore more expensive). I have also found out (although the carfax report does not contain this information) that the car has been in a minor accident and there has been some paintwork done to the front bumper. I had a certified Nissan dealership conduct a Pre-Purchase Inspection and found absolutely nothing wrong with the car, including that the car "does not appear to have been in any type of collision". I have the report but believe it to be misleading. I am also starting to hear a slight noise coming from the automatic transmission during gear shifts, and will be bringing the car in for service. However, that is irrelevant here.
Bottom line and the stemming question: What are my rights under the VA law in this situation? Can I, as a consumer, return this vehicle to the dealer for a full refund on the grounds that there has been no title produced within the specified period and they did in fact lie about the model of the car? Is there a specific time that the title MUST be produced by the dealer otherwise the car CAN be returned? And to be clear, yes, I would like to return this vehicle.
Any help is much appreciated.
-Paul
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