[SC] [SC] A dealership sold me a lemon and didn’t give me the title. Can I sue?
I’m in South Carolina but the vehicle was purchased in Virginia. I bought a vehicle from a different state that was shipped to me. I paid the cost in full before the van got to me, and it is in very poor condition, not at all as described. Since it’s second-hand, I don’t think lemon laws apply. I also realized they haven’t given me the title yet. They offered to buy it back but I would lose $8,200 because they won’t take it as a return. I want to know if it’s worth it to pay a lawyer to look further into this, or if I don’t have great chances of winning—in which case I’d rather take the $8,200 since I don’t have much more money to “play” with. I’ve been back and forth with the dealership since then because of the poor condition, and now I realized I have an even bigger problem with not having the title. My ideal resolution is to get my $26,400 back in full plus attorney’s fees, and that they pay to ship the van back to them. I don’t want it and I’m only allowed one vehicle where I live so I need to get rid of it ASAP. At a local dealership they ran a history and discovered it’s still registered as a rental van—it’s not even in the name of the dealership where I bought it. The lawyer yesterday said I should absolutely hire a lawyer for this. Do you agree? My other question I didn’t get to ask yesterday: should I stop all contact with the dealership OR email them that I will be suing for a full refund unless they give me my money back and take the van off my hands? I’m on a tight timeline. I desperately need a new vehicle and for that I need this money back and the van out of the property ASAP. The dealership is expecting me to ship the van back on Friday, in exchange for $18,000 payable via wire transfer to me after they receive it. But after all they did, I’m afraid if I ship the van, they won’t pay me at all. So I need to try to hire a lawyer before Friday and to know whether to continue communication with them. Main goal here: get my money back the fastest way possible.
10
3
Solved
Thanks for the details. Here’s my guidance:
Title issue: Not receiving the title is a major problem. In VA/SC a dealer generally cannot sell without providing proper title. If it’s still titled as a rental and not in the dealer’s name, they may not have had authority to sell. That supports rescission (unwinding the deal with a full refund).
Condition/misrepresentation: Even though lemon laws usually don’t cover used cars, dealers can’t misrepresent or omit material facts. Poor condition contrary to the description + title problem strengthens your case (fraud/misrepresentation/UDAP) (SC Code § 39-5-20).
$18,000 “buyback” offer: High risk. You’d lose $8,200 and, if you ship/sign a notarized bill of sale first, you could lose leverage and risk nonpayment. Do not ship or sign anything before funds are secured and reviewed by counsel.
Hire a lawyer: Yes—right away, preferably a Virginia consumer/auto-fraud attorney. Amount is too large for small claims; there may be claims under contract law and consumer protection statutes. A lawyer’s demand letter could get a full refund faster than litigation.
Communication: Stop negotiating directly. Don’t sign or notarize anything. If you must reply to their Friday deadline, say you’re reviewing legal options and won’t proceed with their offer until you have counsel.
Fastest path to your goal: Retain counsel to demand rescission and full refund (purchase price + return shipping), and potentially fees. Given the title and misrepresentation issues, you likely have strong grounds (S.C. Code § 56-15-40).
0
Letter of Intent to Sue
Create Document
Full Conversation
The dealership that sold the van sent me the bill of sale for me to sign and notarize—this is for me to sell the vehicle back to them. I shouldn’t sign anything at this point, right? Also, should I tell them that I’m hiring a lawyer to see if that will make them return the money, or stop contacting them directly and have further communication be done by the lawyer?
I understand that dealing with a dealership can be stressful, especially when it comes to financial matters. Have you already attempted to resolve the issue with the dealership directly?
Yes. They refuse to let me return it and offered to buy it back for $18,000. However, I bought it for $26,400 only 3 weeks ago and have not used it.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your vehicle sale.
No.
Hi there and welcome to AskaLawyer. My name is Brandon and I’m an attorney. I’ll be happy to help you today. Where are you located?
I’m in South Carolina but the vehicle was purchased in Virginia. I bought a vehicle from a different state that was shipped to me. I paid the cost in full before the van got to me, and it is in very poor condition, not at all as described. Since it’s second-hand, I don’t think lemon laws apply. I also realized they haven’t given me the title yet. They offered to buy it back but I would lose $8,200 because they won’t take it as a return. I want to know if it’s worth it to pay a lawyer to look further into this, or if I don’t have great chances of winning—in which case I’d rather take the $8,200 since I don’t have much more money to “play” with.
I’ve been back and forth with the dealership since then because of the poor condition, and now I realized I have an even bigger problem with not having the title. My ideal resolution is to get my $26,400 back in full plus attorney’s fees, and that they pay to ship the van back to them. I don’t want it and I’m only allowed one vehicle where I live so I need to get rid of it ASAP.
At a local dealership they ran a history and discovered it’s still registered as a rental van—it’s not even in the name of the dealership where I bought it. The lawyer yesterday said I should absolutely hire a lawyer for this. Do you agree?
My other question I didn’t get to ask yesterday: should I stop all contact with the dealership OR email them that I will be suing for a full refund unless they give me my money back and take the van off my hands? I’m on a tight timeline. I desperately need a new vehicle and for that I need this money back and the van out of the property ASAP.
The dealership is expecting me to ship the van back on Friday, in exchange for $18,000 payable via wire transfer to me after they receive it. But after all they did, I’m afraid if I ship the van, they won’t pay me at all. So I need to try to hire a lawyer before Friday and to know whether to continue communication with them.
Main goal here: get my money back the fastest way possible.
Thanks for the details. Here’s my guidance:
Title issue: Not receiving the title is a major problem. In VA/SC a dealer generally cannot sell without providing proper title. If it’s still titled as a rental and not in the dealer’s name, they may not have had authority to sell. That supports rescission (unwinding the deal with a full refund).
Condition/misrepresentation: Even though lemon laws usually don’t cover used cars, dealers can’t misrepresent or omit material facts. Poor condition contrary to the description + title problem strengthens your case (fraud/misrepresentation/UDAP) (SC Code § 39-5-20).
$18,000 “buyback” offer: High risk. You’d lose $8,200 and, if you ship/sign a notarized bill of sale first, you could lose leverage and risk nonpayment. Do not ship or sign anything before funds are secured and reviewed by counsel.
Hire a lawyer: Yes—right away, preferably a Virginia consumer/auto-fraud attorney. Amount is too large for small claims; there may be claims under contract law and consumer protection statutes. A lawyer’s demand letter could get a full refund faster than litigation.
Communication: Stop negotiating directly. Don’t sign or notarize anything. If you must reply to their Friday deadline, say you’re reviewing legal options and won’t proceed with their offer until you have counsel.
Fastest path to your goal: Retain counsel to demand rescission and full refund (purchase price + return shipping), and potentially fees. Given the title and misrepresentation issues, you likely have strong grounds (S.C. Code § 56-15-40).
Thank you, this was extremely helpful! I really appreciate it!
You are very welcome. I wish you the best.
Brandon
16,155 satisfied customers
5 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
