If I purchased 2 ATV’s about 6 weeks ago but have still not received the Bill of Sales and titles to them, what is my recourse?

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If I purchased 2 ATV’s about 6 weeks ago but have still not received the Bill of Sales and titles to them, what is my recourse?

I purchased them on-line. At this point, I cannot register them with the DMV unit I get the Bill of Sales and Titles or Manufactures Certificate of Origins. The company will not return my calls or answer my request. What are my options?

Asked on June 26, 2015 under General Practice, New Mexico

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the company (seller) for breach of contract.  You can either seek damages (monetary compensation, a refund of what you paid for the ATVs) or you can seek specific performance which means having the court require the seller to comply with the sales agreement by providing you with the bill of sale and title.

Prior to filing a lawsuit, inform the company in writing that appropriate legal action will be taken without any further notice unless the bill of sale and title are received by you within one week of the date of your letter.  That letter will hopefully prompt the company to respond and provide you with the documents.  If the company fails to act, then proceed with your lawsuit for breach of contract.


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