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ChiffonM · Apr 7, 2009, 02:49 PM

Here’s my issue. I bought a 1999 Mitshubishi Mirage on October 26, 2008. I paid $2700 with a check to Nissan. So the car is paid for. My fiance’ and I went to pay the taxes on the car and Mid-City Auto Title and Insurance informed me that I needed the titles. So I have been calling them about my titles every month. My temp tag has expired twice. I went to Mid-City Auto again and discussed with him that I called the dealership and even went to the dealership to see what was going on with the titles and to get another temp tag. They told me that they were in the mail. He looked it up in his computer and saw that there were NO titles applied for. He called the dealership in my presence and the lady over the title department got an attitude with him and hung up in his face. He told me that there will be penalties and fines added on, if it wasn’t done within 4 days. We immediately went to the dealership and asked to speak with the general manager or the person handling the titles. We sat there for an hour and 30 minutes and nobody came. So I decided to find the sales consultant who sold me the car. He wasn’t there but I did get to speak to the general manager over the used car department. He told me that they were having problems with getting the titles from AM South, which wasn’t told to me at the time of purchase, but he also assured me that I would have my titles by the end of the month. He also stated that Nissan would pay the penalties and fees. It is now the April 7, 2009 and I have not received my titles. What am I to do?

Fr_Chuck · Apr 7, 2009, 04:16 PM

well personlly I would not wait, I would just walk into the main offices, walking right pass any secretary, I do that all the time on issues I have.

But you sue them for the value of the car and the money you paid them and any money you are out so far.

this8384 · Apr 8, 2009, 07:19 AM

I need some clarification on a few things:
1) What state is this in? State laws regarding auto sales vary and I want to make sure I give you the most accurate information.
2) Who did you buy the vehicle from? You mention paying Nissan for the car but then paying the taxes to Mid-City Auto; your state may be different but that's certainly not how it's done here.

Also, my state - Wisconsin - requires that a dealer a)cannot sell a vehicle by retail sales without a title in hand and b)has to submit the paperwork for the sold vehicle within 7 business days.

ChiffonM · Apr 8, 2009, 10:49 AM

Reply to this8384

I'm in Louisiana. I bought the vehicle from Nissan. I can't pay the taxes until I get the titles. I just went to pay the taxes but I was informed that I couldn't without the titles.

this8384 · Apr 8, 2009, 12:37 PM

Something is wrong here; you should have paid the taxes at the time you bought the vehicle, not afterwards. The dealer should then have paid the taxes at the same time they submitted the title to be transferred into your name.

If the taxes haven't been paid, then there are already penalties and interest being added on; they're due within 40 days of selling the vehicle.

Personally, I'd call the dealer and tell them they can either get you the title within 10 business days or you'll file a complaint with the state. You can download the complaint form here:
Louisiana Recreational & Used Motor Vehicle Commission - Complaints

jeffrey michael · Apr 9, 2009, 09:56 AM

Problems like this accure al the time, sometimes the person trading in the car did not have the title transferred in there name. It sometimes takes months for the title to clear up. But once you get the title. Go back to the dealership and talk to the title clerk and they will get with the state to see how much is owed in penalty charges and the dealership will pay them. You will be out of pocket nothing. Been in the car business 11 years know this for a fact.

this8384 · Apr 9, 2009, 10:15 AM

Originally Posted by jeffrey michael

Problems like this accure al the time, sometimes the person trading in the car did not have the title transferred in there name. it sometimes takes months for the title to clear up. but once you get the title. go back to the dealership and talk to the title clerk and they will get with the state to see how much is owed in penalty charges and the dealership will pay them. you will be out of pocket nothing. Been in the car business 11 years know this for a fact.

Any dealership worth their salt is not going to offer a vehicle for sale unless they've got a clean title in hand; in some states, it's illegal to wholesale a vehicle unless you have the title.

If this "occurs all the time", it's only at dealerships who shouldn't have a license.

jeffrey michael · Apr 9, 2009, 10:28 AM

Its not that the title is not clean, almost every dealership in america is on a 60 day turn so that means if a car is on there lot for 60 days it goes straight to auction, if they waited for every title to clear then they would go out of business. The only time a title is clear from the get go is when its bought at auction, furthermore the magority of people don't want a car that was a rental. And in this case of a 2700 dollar car its sold AS-IS, It's the customers option to buy it not the dealerships option to sell it, a reputable dealership will put this in bold letters and explain this to the customer.

this8384 · Apr 9, 2009, 10:52 AM

Originally Posted by jeffrey michael

its not that the title is not clean, almost every dealership in america is on a 60 day turn so that means if a car is on there lot for 60 days it goes straight to auction, if they waited for every title to clear then they would go out of business. The only time a title is clear from the get go is when its bought at auction, furthermore the magority of ppl dont want a car that was a rental. And in this case of a 2700 dollar car its sold AS-IS, Its the customers option to buy it not the dealerships option to sell it, a reputable dealership will put this in bold letters and explain this to the customer.

You're missing the entire point here. The condition of the car has absolutely no bearing on this situation. The issue is that the dealership sold her a car when they had no title for it. Whether it's a brand-new car or being sold as-is, that is not legal to do. You cannot wholesale a vehicle without a title.

ScottGem · Apr 9, 2009, 11:20 AM

I'm not sure how it works in other states, but in NY when a car is sold, a title is sent to the new owner within a short period. ONLY the owner can sell a car. The owner has to fill out the title and submit it to the DMV with a bill of sale. A new title is then issued and sent.

Only in a private sale is the title signed by the owner and handed to the new owner to register it.

To the OP, I would contact your local consumer affairs department to see if they can prod the dealer into getting action.

Also, I can't see you paying Nissan for a user car. Nissan does not sell cars directly. They sell cars to a dealer who then sell them to consumers. A used car would have been brought by the dealer for resale. Any payment you meade should have been to the dealer.

jeffrey michael · Apr 9, 2009, 11:28 AM

Your right you can't wholesale a car without a title . But you can retail one without it ! It is not illegal it is done ALL The time !

this8384 · Apr 9, 2009, 11:30 AM

Originally Posted by jeffrey michael

Your right you can't wholesale a car without a title . but you can retail one without it ! It is not illegal it is done ALL The time !

That's the point; the OP is not another dealer. There is no way that the dealership could have legally sold her the vehicle if they didn't have a title, which I have to assume they did not as it's been 6 months and she still doesn't have a title in her name.

JudyKayTee · Apr 9, 2009, 11:47 AM

Originally Posted by jeffrey michael

Your right you can't wholesale a car without a title . but you can retail one without it ! It is not illegal it is done ALL The time !

You sell cars to people when you are not the legal owner? That's allowed in Texas?

this8384 · Apr 9, 2009, 11:49 AM

Originally Posted by JudyKayTee

You sell cars to people when you are not the legal owner? That's allowed in Texas?

No, what he's referring to is dealer-to-dealer selling without a title; that's legal, which we found out when we got stuck with an Impala for 4 months. You cannot, however, do dealer-to-customer selling without a title, which is the problem that the OP has.

But he's just arguing because he apparently doesn't understand what the OP was even asking about. First he says this "accures(sp) all the time"; then he says it's not legal. I can't tell if he's arguing with me or himself...

jeffrey michael · Apr 9, 2009, 11:49 AM

You can sell a car without the title as long as the car has been signed over to the dealership from the previous owner. Just as if you had a car you sold and you lost the title and had to fill out a lost title app. To get a new one. Don't know if that's what happened in this case. But you are correct if they are selling a car that is not signed over to them they cannot sell it . The customer will not receive a title to a car even if they pay in all cash at the moment of sale, It will still have to go though the tax office to get it. But 6 months a really long time for this to take it should not take more than a month maybe 2 if there is an extreme situation.

this8384 · Apr 9, 2009, 11:52 AM

Originally Posted by jeffrey michael

You can sell a car without the title as long as the car has been signed over to the dealership from the previous owner. just as if you had a car you sold and you lost the title and had to fill out a lost title app. to get a new one. dont know if thats what happened in this case. But you are correct if they are selling a car that is not signed over to them they cannot sell it . The customer will not recieve a title to a car even if they pay in all cash at the moment of sale, It will still have to go though the tax office to get it. But 6 months a really long time for this to take it should not take more than a month maybe 2 if there is an extreme situation.

For you having been in the car business for 11 years, you have made this extremely confusing for the OP by bringing up matters that have no bearing on her situation whatsoever.

The OP paid for a vehicle in October. The dealership did not have a title and has not submitted anything to be transferred into her name since that time. They are operating illegally. No, that doesn't "accure" all the time because it's illegal.

If you don't understand the question, then it's best not to post anything.

JudyKayTee · Apr 9, 2009, 11:52 AM

Well, if it accures all the time, who am I to say? (That's why this is where you hang out and I don't.)

BUT - this is advice from someone who works in an auto parts store, not for a dealership or used car lot.

You, on the other hand -

But here's the part I don't understand - whenever I've purchased a car I've made the check out to the dealership. OP appears (?) to have made the check out to the manufacturer.

Or am I missing something?

this8384 · Apr 9, 2009, 11:57 AM

Originally Posted by JudyKayTee

Well, if it accures all the time, who am I to say? (That's why this is where you hang out and I don't.)

BUT - this is advice from someone who works in an auto parts store, not for a dealership or used car lot.

You, on the other hand -

But here's the part I don't understand - whenever I've purchased a car I've made the check out to the dealership. OP appears (?) to have made the check out to the manufacturer.

Or am I missing something?

Nope, you've got it all together. You pay the dealer, the dealer mails in the fees and the title, you get the title in the mail with your name on it.

The OP, however, bought the vehicle from a dealer who had no title; this was illegal for the dealer to do. She's now had a vehicle for 6 months that isn't even legally hers.

jeffrey michael · Apr 9, 2009, 11:58 AM

Originally Posted by JudyKayTee

You sell cars to people when you are not the legal owner? That's allowed in Texas?

You can sell a car to a person without the title present or in your possession. Like I already said if the title has been transferred in the dealerships name from the previous owner than yes you can sell the car. Because yes you are the owner of that car.

JudyKayTee · Apr 9, 2009, 12:16 PM

Originally Posted by jeffrey michael

You can sell a car to a person without the title present or in your possesion. Like I already said if the title has been transferred in the dealerships name from the previous owner than yes you can sell the car. Because yes you are the owner of that car.

Rather than just going back and forth with this, please post the Texas Law that allows this. That will end the discussion and if I am incorrect, I will stand corrected and apologize.

I would like to see the law on this sentence: "You can sell a car to a person without the title present or in your possesion. "