No title. No tag. You drive it, you get a ticket.
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Dealer won’t give you car title. No title is auto fraud. 404.288.4444 Auto Fraud Lawyer. Conyers Clayton Cobb DeKalb Gwinnett Henry Madison Newton Walton
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What can you do if dealer won’t give you the car title or take the car back?
Do you want to keep the vehicle or surrender it and get your money back. No car title means no tag.
Some dealers sell cars that actually belong to other dealers. When this happens the first dealer keeps the car title until the second dealer pays him the money. Dealers cheat dealers as much as they cheat you. Even if the selling dealer has the title he may have put it up as collateral to a ‘floor planner’ who finances the inventory at a new or used car dealer. The selling dealer doesn’t want them to know he sold the vehicle. No car title for you means no tag, which means you can’t drive the vehicle you bought. Fight back, don’t put up with that stuff. You have rights and you should use them. Call us, we’ll fight for you. 404.288.4444 or just click here: Contact Us.
When a dealer sells you a vehicle a 30 day clock starts on the title transfer.
When a vehicle is financed a ‘security interest’ (lien) is created on behalf of the lender. The Georgia title laws are clear about what the dealer and lender have to do and when.
GA. Code 40-3-51 Duties of owner who creates security interest; duties of security interest holder including duty to notify other holders. If the owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder; (2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner’s appropriate authorized county tag agent within 30 days of the date of creation of the security interest or lien…
If the vehicle was sold for cash with no financing their are two laws that come into play. One is federal and the other is Georgia. The federal law is referred to as the odometer law and provides that the dealer must show you the title. Georgia title law states:
GA. Code 40-3-32 Assignment and warranty of title to transferee; application for new certificate of title. (a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney’s fees, occasioned by the transferor’s failure to comply with this subsection. (b) Except as provided in Code Section 40-3-33, the transferee, promptly after delivery to him of the vehicle and certificate of title, shall execute the application for a new certificate of title … so that the title application shall be received within 30 days from the date of the transfer of the vehicle.
Title branded as salvage title or flood title.
Selling a vehicle with prior collision or flood damage is a problem in Georgia. Vehicles with a prior wreck damage are unsafe for the driver. Unsafe for the occupants. And unsafe for others on road. Georgia juries have awarded large verdicts against car dealers who have sold a wreck damaged vehicle without disclosure. It is also possible to go upstream to the previous seller such a another car dealer. Or upstream to a buyer at an auto auction for damages for participation and silence in passing off the vehicle. A lot of wrecked or flood vehicles come from out of state and pass from one dealer to another. This is auto dealer fraud. The same rules for disclosing prior collision damage apply to a flood damage. Buying a wrecked or flood damaged vehicle means you paid too much. The buyer will never be able to recover the overpaid price. An insurance company will decrease the insurance payment when they pull a vehicle history. No one should have to put up with being tricked into buying a vehicle with prior collision or flood damage. Georgia law allows for the return of the vehicle by rescission of the contract or revocation of the deal. Check the title history. Title branding on a vehicle title will disclose if a Department of Motor Vehicle has “branded” the vehicle as a salvage or flood title. As well as show who the current owner of the vehicle is (some vehicles are sold by car dealers who do not even have title). You should always make the seller show you the title before you sign papers. This will help prevent the lie and buy auto dealer fraud. If they hesitate, you should to. When you look at a title you should always look at the title brand information. The brand information refers to the type of vehicle such as “flood”, “salvage”, “junk”. Branding on a title is a description of the type of title. Hiding the car title because of a bad title brand is auto dealer fraud.