How can I get my money back fora vehicle that I bought froma private seller?

UPDATED: Apr 5, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get my money back fora vehicle that I bought froma private seller?

About 2 months agoI purchased a vehicle from a private seller in SC. The seller, as it turns out, is not the registered owner of the vehicle. When I took the title to my local DMV to register it, I was told that there was an error with the milage. The registered owner has to apply for a duplicate title and sign it over to me in order for me to move forward. However the RO is in assisted living and the power of attorney is his son. The catch 22 to this issue is that the seller, the POA, and the RO all share the same name. The seller isn’t cooperating, what are my options?

Asked on April 5, 2011 under General Practice, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can't get title, the sale never happened--so you could rescind it and get your money back on those grounds.

If the mileage was represented as lower than it really was, that may be fraud--which would again allow you to rescind the contract and/or sue for damages.

If you were told that someone owned a car and could sell it, but couldn't, that's also fraud--and you can rescind the deal and sue for damages.

Note that the two points above may also support criminal liability--i.e. may be able to file or press charges.

The downside is, other than calling the police--which might get the seller punished, but probably won't get you your money back--is that you have to file a lawsuit and sue the seller.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption