QUESTION
Do I have a lawsuit for defamation of character?
Asked on Apr 10th, 2013 on Personal Injury - New York
More details to this question:
I bought a car from a lower end dealership and it broke down 30 days after I bought so I refused to pay for it so I took the car back to them, I lost all the money I spent on the car because I bought it as is. But now I have received a recent (good to go) toll bill in the mail in my name, meaning the car is still in my name. So the dealership must have fixed the car and sold it while the car is still in my name. So I was wondering if I have a lawsuit possibly for defamation of character? Or are there any other routes I can take to resolve this issue? Also I don't exactly know which legal service to choose so I will place this question under auto accident. I appreciate any help to get me started on this problem. Thanks.
9 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
at
Mark A. Manning, P.C.
Update Your Profile
You don't have an action to defamation of character. However selling a car without valid title is a violation of the Michigan Motor Vehicle Sales Act. You can file a complaint with the Michigan Secretary of State.
Answered on Apr 11th, 2013 at 9:57 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
If the company is in the process of transferring title out of your name, I do not see grounds for a suit. You may be able to get out of paying the toll bill since your weren't driving. If it is not being transferred into the new owner's name, go to the dealership and demand that they give you your car back. Call the police or highway patrol if they refuse. The dealer must transfer title out of your name, or it is probably some sort of crime.
Answered on Apr 11th, 2013 at 9:57 AM
Ronald A. Steinberg
No, but you better defend the case for the bill, and get to the Secretary of state to change the ownership.
Answered on Apr 11th, 2013 at 12:52 AM
Lisa Hurtado McDonnell
I Do not see a defamation of character lawsuit. How did he defame you? Since you bought the car "as is" he didn't have to fix it, so i don't see a breach of contract. I guess I would send the bill to seller and notify the toll company that your not longer own the vehicle and refuse to pay.
Answered on Apr 11th, 2013 at 12:01 AM
Workers Compensation Attorney serving Torrance, CA
at
Law Office of William S. Lindheim
Update Your Profile
It does not sound as though any one defamed your character. It sounds that you got a toll bill and this does not defame your character at all.
Answered on Apr 10th, 2013 at 9:08 PM
Medical Malpractice Attorney serving San Diego, CA
at
The Law Offices of Ajay Kwatra
Update Your Profile
I am not sure you have a case for defamation, as your character will probably not be judged by anyone based upon a traffic fine. You need to handle this with the agency that assessed the fine, an ask them how to clear your record. As far as suing the seller, it sounds like you did not sign the car over to them. Although they should have caught it, they could defend themselves by saying that you should have caught it. I think its best to cut your losses, not start a costly law suit to clear your reputation. Good luck!
Answered on Apr 10th, 2013 at 8:41 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Doesn't sound like much of anything. you bought a car as is you got what you paid for. You returned the car to them., why would you do that? you should have taken the car out of your name if you did not intend to drive it. n any event neither you nor I know the history of the car since then so how are you going to prove anything about its use since its return write the DMV if there is question about title and send a copy to the dealer. The dealer will know what to do to get the title straight. What is a toll bill? And how have you been defamed? The answer to the defamation question is you haven't been . lawsuits are expensive to handle, expensive to file, expensive to investigate. Why does everybody think if there is some small mistake they have a free ride to the bank? Everything you do in this legal world is expensive. You couldn't afford the litigation even if you had a claim. The claim has to be bigger in value than the cost to handle it and certain of recovery. Otherwise you are wasting your time and money and the time and money of your lawyer if you can find one for this type case.
Answered on Apr 10th, 2013 at 8:41 PM
Thomas Edward Gates
You do not have defamation of character. If the car dealer sold you vehicle, they likely would owe you the money they got for it less the cost of repairs. Did you turn the title into DOV?
Answered on Apr 10th, 2013 at 8:38 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Defamation of character has nothing to do with anything you have described. If you know who the current owner is, you can contact him and tell him you have the "toll bill" and did he know that you were the title owner when the dealership sold your car, then he can go give the dealership grief and you can tell them that if they want you to sign the title over, they are going to have to pay you for it (keep it reasonable).
Answered on Apr 10th, 2013 at 8:34 PM