Ask Me Help Desk - Don't have my title yet.

Don't have my title yet.

HI there,

I bought a car from a private party. I made my last payment on the 25th of last month and now the seller is telling me that she can't get me the title until August 25th, when she pays off the balance of the car. Which I wasn't told when I purchased it. My question is, how long after the purchase is the seller obligated to sign over the title to the vehicle? I live in Washington state, if that matters.

You bought a car from a person who actually doesn't own the car. Brilliant. I trust you have a written contract for the purchase - right? What if anything does it say in the contract about delivery of the title to you? If there is nothing about this in your contract, then the fact that this person sold you something she doesn't actually own means that you have the right to return the car to her and demand your money back. But if you still want to keep the car, I suggest that you get a signed statement from her that she will turn the title over to you no later than August. If she refuses sign such a letter, then you should be prepared to sue her now for the money you have paid.

Thanks for the sarcasm. Unnecessary. She is a friend and I trusted her. Yes, I have a written notarized bill of sale along with monthly receipts for payments. It says that she will give me the title once all the payments are satisfied. Doesn't clarify mine or hers, guess that screws me.

So, I can return the car and get my money back if she refuses to give me the title? I might be confused? I do not want the car any longer, it began falling apart basically as soon as I got it.

It's good that you have a contract - especially if it talks about payments you had to make to her. Without seeing the exact language in your contract, it seems to me that if the contract talks about payments you have to make, and doesn't mention anything about any payments she is making to her lender, then it's pretty clear that the word "payments" means your payments, and she is obligated to turn over the title once you finish your payments to her.

For future reference - here's a sample contract for private party auto sales - note that it has a section where the seller warrants that they are the lawful owner of the car and that there are no liens or encumbrances on it. See: California Bill of Sale of Automobile with Odometer Statement & Promissory Note (Sold "As-Is" without Warranty) - Free Legal Form . Here's another example - much more involved, but again includes the seller warrant of title being free from creditor claims and liens: http://www.medlawplus.com/legalforms...-autosale2.pdf

If you want to be aggressive I suggest you demand your money back now, citing her failure to deliver the title as promised. But I bet that she refuses (if she doesn't have the money to pay off her loan, she probably doesn't have the cash to pay you back, and besides she doesn't want the car anyways). So once that fails, you have a choice - either sue her now for your money back, or keep the car and wait till August. You may find that if you sue by the time your claim gets heard it will be August already, and if she has delivered the title as she now promises you would no longer have a case.

As for my sarcasm - OK, the word "brilliant" was perhaps uncalled for. Just be aware that as it stands now, since she never warranted that she actually owns the car she sold you free and clear, if she fails to keep up with her loan payments the lender could come and reposses the car from you - and that would be a real mess.

She can not really sell you a car she does not have clear title to.

She is to give you the clear title the at the point you give her the last payment.

What if she does not pay the last payments, and the bank comes and takes the car though a repo, you don't own it, have no legal claim ( title) so they can take it and sell it as a repo.

You can demand she pays off the loan NOW, and gives you the title now. Or sue her for all your money back.

Quote:

Originally Posted by ChihuahuaMomma

Thanks for the sarcasm. Unnecessary. She is a friend and I trusted her. Yes, I have a written notarized bill of sale along with monthly receipts for payments. It says that she will give me the title once all the payments are satisfied. Doesn't clarify mine or hers, guess that screws me.

So, I can return the car and get my money back if she refuses to give me the title? I might be confused? I do not want the car any longer, it began falling apart basically as soon as I got it.

Just to touch on another point: what did your contract say about the condition of the vehicle? Did it state that it was being sold as-is?

And yes, this could majorly screw you over. As has already been discussed, don't purchase anything unless you see a title for it. I can understand the situation you're in and it probably seemed like a good idea/only option, but this could really turn out bad.

I wouldn't try to return the car until you get something clarified because one she has possession of the keys, the ball is in her court. If she has the keys and decides not to give your money back, it's off to court you go - then a judge decides who to believe. And even if you do win your claim in full, you have the nasty job of trying to collect.

Personally, I'd tell her to pay it off; if she can't, then I'd wait until August to see if she comes through.

Yes, the vehicle says as-is. But I didn't know she neglected it for two years, as is when I bought it was fine since it had a tune up that day. Then a month later everything went to crap. And she does not have the keys, I do...

Quote:

Originally Posted by ChihuahuaMomma

Yes, the vehicle says as-is. But I didn't know she neglected it for two years, as is when I bought it was fine since it had a tune up that day. Then a month later everything went to crap. And she does not have the keys, I do...

Then that's not a basis to return the car. If you purchased it as-is, it means just that - you're getting the car as it sits. One thing I always tell people, customers included, is to have a mechanic check over any vehicle they are going to purchase. I've seen people save - or lose - thousands of dollars because they bought a vehicle without driving or checking it over before purchasing it.

Yes I should have. I did drive it before I bought it. But like I said it ran fine at the beginning because of the tune up. I don't want to give the car back, I just want my title. I have more important stuff to worry about. I just want the title so that I can fix it up a little and sell it.

Quote:

Originally Posted by ChihuahuaMomma

Yes I should have. I did drive it before I bought it. But like I said it ran fine at the beginning because of the tune up. I don't want to give the car back, I just want my title. I have more important stuff to worry about. I just want the title so that I can fix it up a little and sell it.

Then those are your two options: sue her now or wait until August and if she doesn't deliver, sue her then.

Lesson learned when buying a used car. All car sales are "as-is" unless a warranty is given in writing. Checking for a clear title is usually one of the first steps when you are interested in a car. Follow this8384 sound advice. You have many correct replies.