Ayala Law Files Lawsuit Against Automotive Finance Institution Due to Improper Title Transfer

This past week, Ayala Law brought a lawsuit on behalf of its client, the owner of a courier business, alleging that the dealership that sold the vehicle never had a proper title to convey to the purchaser. In addition to agreeing to a financing agreement for the new vehicle, the purchaser traded in his previous vehicle, and as part of the purchase agreement, the existing balance on the traded-in vehicle was to be paid off.

However, neither the dealership nor the financial institution facilitated this payment. Shortly after the purchase, the new vehicle was repossessed, by its previous owner, as the title had never been properly transferred from the previous owner, to the dealership, to the purchaser. This series of actions has left the purchaser with no vehicle, despite being subject to two separate financing agreements.

The lawsuit alleges that the financing institution accepted assignments from the dealership, despite knowledege of the dealership’s previous misgivings and failure to properly convey the title to purchasers. The complaint specifically alleges claims for breach of contract, violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), promissory estoppel, and negligence, among other claims.

This new case highlights the importance in conducting due diligence when completing any large transaction. This does not mean just the purchase of real estate, it can include the purchase of vehicles, vessels, or other highly valuable personal property.

If you’re involved in a contract dispute, or are facing a title disputel, contact one of our experienced business attorneys in Miami at 305-570-2208.You can also contact our founding attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].