Do I have any rights to keep my truck if there was a problem with the title through no fault of my own?

UPDATED: Aug 3, 2011

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Do I have any rights to keep my truck if there was a problem with the title through no fault of my own?

I bought a used truck from a dealership 10 days ago. The financing is done; the truck is mine. Now the dealership says that the previous owner has a lien on the truck but somehow got a clean title. They are saying that I have to give the truck back because the lienholder wants the truck. I was told that fraud had been committed by the previous owner. Do I have any rights to fight to keep my truck? Also, if they do take my truck, do they have to give me another truck?

Asked on August 3, 2011 Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Why do you want to keep a vehicle that you bought that seems to have an existing lien on it? When you bought the vehicle, you expected clear title to the vehicle. I suggest that you return the vehicle to the dealership that you bought it from for a full refund and advise the dealership that you expect a good deal on any vehicle that you may get in return as a purchase.

You do not need to take back the vehicle. The dealership does not have to give you another vehicle. It needs to refund you all your money. I suggest that you first consult with an attorney experienced in contract law.

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 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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