Can I return a vehicle if the title has not yet been put in my name?

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Can I return a vehicle if the title has not yet been put in my name?

I financed a vehicle and changed my mind because I am extremely unhappy with the vehicle. The dealer has not been able to register the vehicle and/or send me license plates because I just moved to the state and still had an out of state driver license when we did all of the paperwork. It has been over 30 days and the dealer has been giving me the runaround. Can I just bring the car back to the dealer?

Asked on December 5, 2011 under General Practice, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, you can't simply return the car because it's not in your name--regardless of whether  it has been registered to you, there was a contract or agreement of sale, which is enforceable.

However, if the dealer is violating the contract of sale, by not providing good title, etc., then that violation may give you grounds to terminate the contract, return the vehicle, and get your money back. However, be advised that if they refuse to do this, you will have to sue them for breach of contract to rescind the agreement and/or seek compensation; note also that you being unhappy with the vehicle is irrelevant, and all that matters is whether or not the dealer honors its obligations, including to get the registration and the plates, and if they do this, then you will have to keep the car.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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