Unfair Sales Practices and Consumer Fraud
questions & answers
Question: My friend purchased a car from a private seller and had a contract drawn up and signed by both parties, the car was paid off in full but the other party never released the lien, she was elderly and did not release. Now he took the car back with police and put his name on a clean title...all receipts are in order for paid in full on time..can he do that? What statute can you point us to for court case to get the car back
Answer: Title 47 of the Arizona Revised Statutes deals with the Uniform Commercial Code. The Uniform Commercial Code is the set of laws that are applicable to the sale of goods, such as a car or furniture. Per A.R.S. 47-2403 a person who bought a good obtains all titles the transferor had or had power to transfer. Chapter 2 article 7 of title 47 deals with the remedies available to a breach of sales contract.
QUESTIONS
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My friend purchased a car from a private seller and had a contract drawn up and signed by both parties, the car was paid off in full but the other party never released the lien, she was elderly and did not release. Now he took the car back with police and put his name on a clean title...all receipts are in order for paid in full on time..can he do that? What statute can you point us to for court case to get the car back
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