Car Purchase Legal Dispute

Summary

In Arizona, misrepresentation in car sales can violate the Consumer Fraud Act (A.R.S. § 44-1522) and improper title transfer laws (A.R.S. § 28-2058). Your daughter has a strong case in small claims court due to these violations. She should gather evidence like the mechanics report and communication with the seller. Post-judgment tools include garnishments and liens, and judgments can be enforced in other states through domestication. The sellers threats may be intimidation tactics. Violations of the Consumer Fraud Act can lead to civil penalties, and egregious cases might result in criminal charges. Title transfer violations are typically civil matters. Consider consulting a local attorney and reporting to the Arizona Attorney Generals Office for further action.

Full Conversation

Can I explain in a few sentences the legal question I have and you can answer?
Sure, ****! Please go ahead and explain your legal question in a few sentences. I'll do my best to provide you with the relevant information.
My daughter purchased a car from a private party who provided a title transfer form completed except the title transfer form had original owner transferring title to person selling car to my daughter as this sale took place before person selling car to my daughter had a chance to transfer title which would have allowed the official Title transfer to happen between person selling car and my daughter. My daughter paid the person $* and title transfer from original owner to person selling car was given to my daughter. Within hours of purchasing car it overheated and ultimately was taken to mechanics where it was diagnosed with an engine problem that would have exceeded cars value to have done. Title transfer had original owners name on it and when we made contact to original owner we learned original owner had taken vehicle into shop and informed car had bad motor and knowing this, person selling vehicle bought vehicle for $* and immediately put it up for sale at ace hardware parking lot for $* making no mention of engine issues when my daughter met with person selling car’s wife the next day. In the end my daughter bought car being duped about car engine problems and when she met with person selling the next day at motor vehicles to change title, person selling vehicle walked out informing my daughter to tell the cops when he was presented with the news of the engine of the vehicle and my daughter asking for her money back. My daughter started a small claims case thereafter and person selling was served papers informing of the lawsuit a week later. Now person selling car has called my daughter saying he was going to sue her because he wasn’t the one who my daughter bought car from. What is your legal advise on this case to my daughter? Be specific what Arizona laws have been violated, my daughters chance in small claims court, and tools available to my daughter if she wins judgement and how they would relate should person selling move to Hawaii. Thank you
****, here’s some information that might help:
Arizona Laws Violated:
- Arizona Consumer Fraud Act (A.R.S. § *-*): Misrepresentation or omission of material facts in the sale.
- Title Transfer Requirements (A.R.S. § *-*): Proper title transfer not followed.
Small Claims Court:
- Your daughter has a strong case due to misrepresentation and improper title transfer.
- Evidence: Mechanic’s report, communication with the seller, and the original title transfer form.
Post-Judgment Tools:
- Garnishments: Wages or bank accounts.
- Liens: On any property owned by the seller.
- Domestication of Judgment: If the seller moves to Hawaii, the Arizona judgment can be enforced there through a process called "domestication of judgment."
Has your daughter considered gathering all communication with the seller as additional evidence?
She has been gathering and will continue gathering evidence. Today, a few days after person selling car received notice of small claims court case between my daughter and person selling car delivered by a process server, he called my daughter informing her that he wasn’t the one who my daughter paid the money to when purchasing car and therefore would be bringing suit against my daughter. Can you shed any light how the law would look upon this?
It seems your daughter has a strong case based on misrepresentation and improper title transfer. The seller's claim might be a tactic to intimidate. In Arizona:
- Consumer Fraud Act (A.R.S. § *-*) addresses misrepresentation.
- Title Transfer Requirements (A.R.S. § *-*) mandates proper title transfer.

To strengthen her case, she should gather all communication, receipts, and the mechanic's report. Has she considered consulting a local attorney for further guidance?
We stated with you.
Given the details, your daughter’s case seems solid. The seller’s threats may be an intimidation tactic. Since she’s already gathering evidence, consulting a local attorney might provide more specific guidance and strengthen her confidence in court. How does she feel about discussing this with an attorney?
With regards to consumer fraud act and title transfer violations, are these jailable offenses for person selling car?
In Arizona:
- Consumer Fraud Act (A.R.S. § *-*): Generally, violations can lead to civil penalties, but egregious cases involving intent to defraud might lead to criminal charges.
- Title Transfer Violations (A.R.S. § *-*): Typically, these are civil matters, but repeated or intentional violations could lead to harsher penalties.
Has your daughter considered reporting this to the Arizona Attorney General's Office for further investigation?

Related Chats

McDonalds False Advertising Claim

Rent To Own Legalities Explored

Suing Petco Over Dog Food

Guardio Deceptive Trade Practices

Kia Warranty Dispute Resolution

< < Go Back
Privacy Policy | Terms Of Use