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  1. #1

    Default Car Seller Failing to Deliver Title in Time

    My question involves small claims court in the state of: Indiana

    Hello everyone,

    I bought a used car on the 15th of April from an individual, Mark. Mark had the power of attorney to sell his girlfriend's car. I paid him the money in full and got a bill of sale and an affidavit which stated that he would deliver me a clean and clear title within 21 days as the title was with the bank from which he had taken a loan along with a copy of the power of attorney. I got the possession of the car.

    After the end of the stipulated time, he kept giving me frivolous reasons for not giving me a clean and clear title saying that the bank from which his girlfriend had taken the loan sent the title to the wrong address and blah blah.

    I asked him to request the BMV a replacement title for which the BMV asked him to produce a proof of the outstanding loan having been paid. Again, he was unable to do it and gave me frivolous reasons.

    Now that I have a car without a title (which means I cannot register the car), I want to file a case against him in the small claims court as he hasn't provided me the title within the stipulated time according to the affidavit that he gave me.

    I have the following things with me:

    1. An affidavit stating that he will provide me the title within 21 days on which he has signed. (I have not signed on the affidavit.)
    2. A bill of sale stating that I have paid him the money for the car.

    Do I have a case against him? I would appreciate help on this. I am a student and this has caused me a lot of financial loss.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Small Claims: Failing to Deliver Title in Time

    If he hasn't transferred title to you, the sale is not complete. So you can sue him for what you paid for the car.

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