Flying Viper
Enthusiast
This round goes to Boxer12
Chrysler states I do not own my car!!
- Thread starter Harley561
- Start date
Harley561
Viper Owner
Update:
The GM at MB Delray called me yesterday to let me know their attorney is in contact with Chrysler's attorney. They want to gather more details on the lawsuit and, per the GM, see how strong a case Chrysler has against the other parties.
He stated I should have word from him today or at the latest tomorrow regarding them either working on my behalf to get me out of this or taking the car back and refunding me.
Maybe they are finally realizing they have a problem. Guess we will see.
The GM at MB Delray called me yesterday to let me know their attorney is in contact with Chrysler's attorney. They want to gather more details on the lawsuit and, per the GM, see how strong a case Chrysler has against the other parties.
He stated I should have word from him today or at the latest tomorrow regarding them either working on my behalf to get me out of this or taking the car back and refunding me.
Maybe they are finally realizing they have a problem. Guess we will see.
Darbgnik
Enthusiast
Good news.
Whatever the resolution that doesn't actually cost you money is the best course.Ray W
Enthusiast
Sounds like a step in the right direction from Autonation. I would only want their "help" with the written understanding. That should their efforts on your behalf fail. They will assume all liability for any of your damages or loss.
I am sure that your attorney will explain that if after a reasonable period it can not be resolved. They should return your money and you return the car to them. After it gets worked out maybe you could buy the car back. If you haven't found something else.
I am sure that your attorney will explain that if after a reasonable period it can not be resolved. They should return your money and you return the car to them. After it gets worked out maybe you could buy the car back. If you haven't found something else.
Sellshomesdrivesviper
Enthusiast
Its a good thing the seed was planted, everything should work out for you now.
Good luck,
Steve
Good luck,
Steve
FastZilla
Enthusiast
Great news Harley!
See of the MB dealer will swap you even for something MB with a V12 and and AMG badge on the back, say 2008 or newer. Then they can "figure it out" & you can drive
See of the MB dealer will swap you even for something MB with a V12 and and AMG badge on the back, say 2008 or newer. Then they can "figure it out" & you can drive
Harley561
Viper Owner
Sure is..and being that I hate soap operas, I wish I had the power to change the channel.
georgethedog
Enthusiast
FastZilla
Enthusiast
Since this is in FL (not unlike TX) this could be a novela on UniVision/Telemundo!
...where's the smiley face eating the chicharrones? I can only find the popcorn icon....much better looking girls on the novelas, much more risque'!...so I've been told.
...where's the smiley face eating the chicharrones? I can only find the popcorn icon....much better looking girls on the novelas, much more risque'!...so I've been told.
xlrashn
Viper Owner
Good one!!!
georgethedog
Enthusiast
You win the award. I was waiting for that reply!!! Set-up - spike! Like Rodney Dangerfield once said, "The last time I had sex was in public when I got screwed in front of the judge and jury."
Let's hope that does not happen in this case. Best of luck.
Exactly. Any dealer HAS TO GuaranteeWARRANTY OF TITLE.. They have Insurance/dealer bond For this EXACT situation. They will have to subro. to whomever they paid off/previous owners(s),etc,etc. But the bottom line is, you are held harmless. You purchased the car per contract terms. And as boxer said.. This was never a stolen car. this is a contract issue only.
NOW if you bought this from the previous owner privately.. You'd have a real nightmare on your hands. And CFC could actually take the car back.
Blade Runner
Enthusiast
When I started looking for a car the advice I got off this site was.....
Never buy a car out of Florida!
Good luck
Never buy a car out of Florida!
Good luck
FastestBusaAround
Enthusiast
- Joined
- Aug 23, 2009
- Posts
- 226
- Reaction score
- 0
So's mine - 18 months later, and I have no issue either.
"BFP for Value w/out notice" = bonafide purchaser for value without notice of any title problems. This legal theory offers some protection in California, but the warranty of title in the purchase contract is the first line of defense (and the source for reimbursement of legal fees). Of course, the issue is in Florida.
Hopefully this matter has come to a satisfactory conclusion.
AviP
Enthusiast
I couldn't figure out when you bought this car, but check out the statute of limitations on collections for the car. If you are lucky, that could be the easiest way to get out of this mess.
97GTS
Enthusiast
Personally I think they should refund your money AND let you keep the car for all of your troubles.
Not holding my breath, but thats how I see it
Ron
Not holding my breath, but thats how I see it
Ron
I hope that tomorrow came, with good news, and you are out driving YOUR rightful Viper!
Harley561
Viper Owner
Update:
My attorney is filiing a Motion to Dismiss today after many discussions with MB's attorney.
As a reminder for those joining late, Chrysler has two claims against me:
1) They seek a declaratory judgment as to the extent of CFC's security interest.
2) They seek replevin of the vehicle.
Apparently Florida statutory law dictates that a purchase money lien on an automobile cannot be enforced against a subsequent purchaser for value if (i) the lien does not appear on the face of the title and (ii) the purchaser does not otherwise have knowledge of the lien.
We cited a number of previous cases that support this.
CFC has admitted that its lien was not apparent on the face of the title certificate, that I was a purchaser for value in October 2010 and that I did not have any notice of the lien.
While we wait for a resolution, Mercedes has offered to provide me with a vehicle until a decision is made on the Motion.
In the meantime I will try and enjoy the photos of my mods and look forward to driving my car again one of these days.
My attorney is filiing a Motion to Dismiss today after many discussions with MB's attorney.
As a reminder for those joining late, Chrysler has two claims against me:
1) They seek a declaratory judgment as to the extent of CFC's security interest.
2) They seek replevin of the vehicle.
Apparently Florida statutory law dictates that a purchase money lien on an automobile cannot be enforced against a subsequent purchaser for value if (i) the lien does not appear on the face of the title and (ii) the purchaser does not otherwise have knowledge of the lien.
We cited a number of previous cases that support this.
CFC has admitted that its lien was not apparent on the face of the title certificate, that I was a purchaser for value in October 2010 and that I did not have any notice of the lien.
While we wait for a resolution, Mercedes has offered to provide me with a vehicle until a decision is made on the Motion.
In the meantime I will try and enjoy the photos of my mods and look forward to driving my car again one of these days.
Last edited:
Harley561
Viper Owner
If you are referring to my reference as to where my mods were done, I greatly appreciate the concern, but the car was picked up from there two days ago and now she is resting comfortably in a very secure location.
Ray W
Enthusiast
They know they are wrong. In my opinion. The rest of this time will be spent showing that they were acting in good faith. In case they may have to pay for your defense against their action.
Darbgnik
Enthusiast
Good to hear it's working out for you. And if MB gave you something interesting to drive during this time. I'd just try and have fun with something a little different while this all pans out.
