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moserite

TITLE HAS LIEN —Private person used car sale, title sent to me has a lien on it. Dude won't respond to emails or VMs, what do I do?

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I bought a used car in private sale and was sent the title in the mail.The title had not been processed properly and had a trail of 4 transfers including me. There was a lien release stamp as well. So orig buyer(1) financed >>paid off signed over to buyer(2) >> sold back to orig owner(3) >>sold to me (4). I traded car in, told by dealer best fix is to get POA from seller(3) and request new title from DMV. Told by DMV that title has lien. (a) is it illegal to sell car with lien on title? (B) also , I never received Bill of Sale or Emiss Cert. I do have numerous emails re payments, that title being mailed to me © What is my best next step? I have no money, I am disabled. Is there someone I should contact? Can anyone please share insight? This is clearly Consumer Protection law.

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Sorry, this really isn't a consumer protection law issue (most transactions aren't) or a commercial law issue.  Although you reference a dealer, I presume the person you purchased the car from ("Dude") was the owner of the car and not a car dealer or some kind of business/commercial operation. Your recourse is to sue the seller for the return of your purchase money.

 

However, you are not guaranteed success. Unless you had a written contract stating otherwise, the law will treat the sale "as-is" . . . particulary as between two private individuals. If you did not recieve any guarantees that the car was free and clear from liens or other encumberances, then you bought the car with the lien. It is not illegal to buy and sell property subject to liens, it is just a matter that most reasonable people would not want to buy property that is subject to someone else's interest without that interest being addressed. Unless Georgia law requires a seller to provide an emissions certificate to a buyer to effectuate a sale or transfer, that also will not matter. Further, that you have no money or are disabled does not effect the outcome (presuming the diability is not something that would effect your mental capacity and render you incompetetent to enter into any cotnract). If the sell price is low enough, small claims court may be appropriate. 

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