Q: If I bought a car from a finance company through a private owner and the finance didn’t give them the title can I sue
I bought a car from a private owner and I paid the finance company in full and they won’t release the title
A:
Yes, you may have legal grounds to sue, but first, you should take certain steps to resolve the issue. Here’s what you need to know:
Possible Legal Issues
Title Ownership Dispute
If the private seller sold you the car but didn’t have the title in hand, they may not have had the legal right to sell it.
The finance company likely still had a lien on the vehicle, meaning they legally owned it until the loan was fully paid.
Finance Company’s Refusal to Release Title
If you paid the finance company in full, they should release the title to you or to whoever is legally entitled to it.
If they refuse, you may be dealing with an administrative delay, a title issue, or a legal dispute over who is entitled to the title.
Steps to Take Before Suing
1. Get Documentation in Order
Gather all proof of payment (receipts, transaction records, loan payoff confirmation).
Obtain a copy of the original loan agreement (from the seller if possible).
Check the bill of sale between you and the private seller.
2. Contact the Finance Company
Request a written explanation of why they won’t release the title.
If they claim the loan wasn’t paid off properly, ask for specific details and dispute any errors with proof of payment.
3. File a Complaint
If the finance company is wrongfully withholding the title, you can file a complaint with:
Nevada Department of Motor Vehicles (DMV) Title Division
Nevada Attorney General’s Consumer Protection Division
Consumer Financial Protection Bureau (CFPB) if it’s a national finance company
4. Legal Action – Suing for Title Release
If the finance company wrongfully refuses to release the title after full payment, you can sue for breach of contract or unjust enrichment.
You may need to file a lawsuit in small claims court (if the amount is under the limit) or a civil lawsuit for title release.
Next Steps: Consult a Lawyer
Since vehicle title laws and finance contracts can be complicated, you should consult a licensed attorney in Nevada who specializes in contract law or consumer protection. A lawyer can:
Demand title release through formal legal notice.
File a court order to force the finance company to release the title.
Help recover any financial losses if the deal was fraudulent.
Finding Legal Help
Nevada DMV Title Office (https://dmv.nv.gov)
Nevada Legal Services (https://nlslaw.net)
State Bar of Nevada – Lawyer Referral Service (https://nvbar.org)
Would you like help drafting a legal demand letter or finding a specific lawyer near you?
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.