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nikkicute · Aug 22, 2010, 01:21 PM

Someone I know purchased a car, it was $3000, she gave the guy $2000 and told him "I will give you the rest when you give me the title".
Bad move...

He first told her that it will take 7 to 10 business days to get the title as where he lives (in another city but they are in the same state) the DMV there will only mail out duplicate titles, they don't give them over the counter anymore.

Two weeks later after so many phone calls asking did the title come in she suspects something is wrong and he swears he is not a thief etc tells her to call the DMV in his area to ask them herself, she calls only to find out what everybody else was telling her, you can just go to the DMV pay $25 fee and they will give you the duplicate title over the counter! He said an DMV employee told him they don't do that anymore, either he was lying, didn't go to the DMV at all or had bad luck to get the one DMV employee who did not know what she was talking but I find it odd these guys did not know this!

She needs the title, every time she calls him he always says "well it's not my car it's my brothers". She told him " I did not buy the car from your brother I bought it from you" He represented his brother and was involved every step of the way, she always dealt with him not his brother. The minute he received the money, he pretty much washed his hands of the situation.

He passes everything to his brother, a brother who he claims has no phone:rolleyes:, a brother who he acts like he doesn't know where he is, or where he hangs out, or where his brothers friends are, or where he can get in contact with and he is making no effort to even look for his brother!! He says" when he shows up I'll tell him"

She calls and calls now the guy won't even answer his phone! :eek:

She called the DMV to check the VIN and there is no report of the call being stolen but a guy friend of mine said said sometimes if a car is stolen the DMV may not know so call the police to make sure, she has a Bill of Sales with the guys name, date, the amount the car was sold etc..

I don't know... what she can do:confused: My other friend says maybe the guy bought the car from someone else and turned it around sold it to her and never even got the title!

Will the DMV give her his address or name of the last owner of the car if she shows him the Bill of Sales and tells him he never gave her the title?
She's going to the police as well, any Idea what they will do? Call him?

The guy had the car detailed before he gave it to her so she called the car washing company and they told her that guy comes in all the time to have cars cleaned that he sells and that he's known the guy for a while, he's surprised he pulled something like this. He says he's not going to say anything but when he comes in the next time to get a car cleaned, he's going to call her!

He told her last Wednesday he was on his way to bring her the title but he never showed up, come to find out he was at the car cleaning place! The car cleaning guy said "he was just here having a truck cleaned I wish you would have called me I would have told you he was here!"

JudyKayTee · Aug 22, 2010, 01:36 PM

She sues him for the return of her money.

Fr_Chuck · Aug 22, 2010, 03:46 PM

Yes she sues him for the money.

The police will know if it is stolen, the DMV will not know that

nikkicute · Aug 22, 2010, 05:41 PM

Originally Posted by Fr_Chuck

Yes she sues him for the money.
The police will know if it is stolen, the DMV will not know that

Just called the police and they said there is no lien on the car and the car is not stolen and to go to the DMV with the Bill of Sales and tell them the guy has been giving her the run around and will not answer the phone or get back to her in anyway and maybe they will be able to transfer the title to her name. I don't know if this will work though... :confused:

ScottGem · Aug 22, 2010, 05:51 PM

That was my going to my suggestion. If the title is in his name and he has a valid bill of sale, then they should issue a new title to her.

But if the car is in the brothers name, then she will have a problem.

In NY there is a bill of sale form on the back of the title certificates. If someone is selling a car, they should obtain the title BEFORE putting the car up for sale.

nikkicute · Aug 22, 2010, 08:50 PM

Originally Posted by ScottGem

That was my going to my suggestion. If the title is in his name and he has a valid bill of sale, then they should issue a new title to her. But if the car is in the brothers name, then she will have a problem.
In NY there is a bill of sale form on the back of the title certificates. If someone is selling a car, they should obtain the title BEFORE putting the car up for sale.

He claimed he couldn't find it and was having it mailed to him when he simply could have paid to have the duplicate given to him at the DMV, must have been some stall tactic but still she should have waited for the title! He had no right to sell the car in the first place if he did not have the title!

I think the Bill of Sales is in his brothers name and let's just hope the same name is on the title as well, his brother is always with him, I was not there so I don't know who wrote that bill of sales, all I know it that the main guy was selling it for his brother. Hope she can get the title! No title and handed someone money! :eek: Big mistake! If not, have to get the cops involved to call him I guess. Going to the DMV tomorrow morning and see what they are going to say.

ScottGem · Aug 23, 2010, 03:59 AM

It doesn't matter whether the bill of sale is in the brother's name if the brother didn't sign it.

For future reference, you don't buy a used car unless they can hand over the signed title. There is no "lost it", they should have gotten a copy BEFORE putting the ad in.

JudyKayTee · Aug 23, 2010, 05:59 AM

Maybe I'm not reading all the details here but I do not see a legal right on the part of the "buyer" to obtain title to the car. It is NOT paid for. There is a $1,000 balance due and owing.

The contract is null and void - seller won't turn over title until buyer pays balance and that circle goes around and around. No meeting of the minds.

Court is the option. Buyer is not entitled to transfer the car into her name.

nikkicute · Aug 23, 2010, 08:20 AM

Originally Posted by JudyKayTee

Maybe I'm not reading all the details here but I do not see a legal right on the part of the "buyer" to obtain title to the car. It is NOT paid for. There is a $1,000 balance due and owing.
The contract is null and void - seller won't turn over title until buyer pays balance and that circle goes around and around. No meeting of the minds.
Court is the option. Buyer is not entitled to transfer the car into her name.

I asked the cop about the balance and he said that should not be a concern to the DMV because it's a private sale and how can she get the title when the guy won't even answer his phone? It's not like he has the title and is waiting for the rest of the money, if he really wanted the rest of the money why doesn't he return her phone calls when she asks him where the title is?

twinkiedooter · Aug 23, 2010, 08:30 AM

Originally Posted by nikkicute

I asked the cop about the balance and he said that should not be a concern to the DMV because it's a private sale and how can she get the title when the guy won't even answer his phone? It's not like he has the title and is waiting for the rest of the money, if he really wanted the rest of the money why doesn't he return her phone calls when she asks him where the title is?

The only way you can see if the "cop" is correct with your above statement saying that the balance doesn't matter to the DMV is to GO to the DMV and see if you can get the title changed. I'm betting you can't without the person whose name is on the title is with you or signs and has the back of the title notarized.

nikkicute · Aug 23, 2010, 03:53 PM

Called the police again today and he gave out the name and address of the real owner of the car, my guy friend said I got lucky because he doesn't think the cop was suppose to give out the name, the DMV wouldn't give her the name. So she got the title transferred to her name and all is well and hope she learned her lesson to NEVER, EVER buy a car without a tile!!

JudyKayTee · Aug 23, 2010, 05:32 PM

How did she get title to a car she didn't pay for?

nikkicute · Aug 23, 2010, 06:45 PM

Originally Posted by JudyKayTee

How did she get title to a car she didn't pay for?

How can she pay him when he won't answer his phone?
That car title was never in his name! He had no business selling that car in the first place and he knew it! Took the money and ran! Don't know why, the car is not stolen, must have bought it cheap turned around and sold it without so much as paying for the title, didn't want to pay, it was over $100 to have it transferred to her name.

Fr_Chuck · Aug 23, 2010, 06:49 PM

Correct police were not to give out that info. It is actually ( in Georgia anyway) a serious breach of security.

And I am still?? Puzzled, how hey got a title if the real owner was never paid and the real owner never signed

nikkicute · Aug 23, 2010, 06:57 PM

Originally Posted by Fr_Chuck

Correct police were not to give out that info. It is actually ( in Georgia anyway) a serious breach of security.
And I am still ??? puzzled, how hey got a title if the real owner was never paid and the real owner never signed

They never got the title, they couldn't have, if so why not hand it over? I don't know how they originally got the car, called DMV and the police, no report of it being stolen:confused: I wonder how long they had the car, they claim they could not find the title.

ScottGem · Aug 24, 2010, 03:41 AM

Several things worry me here. The main issue is why wasn't the person who held the title contacted? Granted they didn't report it stolen, but they should have been contacted. DMV should never have transferred title without a signature from the owner of record.

JudyKayTee · Aug 24, 2010, 06:33 AM

I absolutely agree - this is the same as me walking down to DMV, stating Scott sold me his car and wouldn't turn over the title and changing the title on Scott's vehicle into my name.

Preposterous.

I have spent almost three years attempting to transfer my late husband's car into my name - no matter what type of info I furnish, DMV wants something more current, something notarized, something else. It's been like a circus.

(And all the exclamation points in the world don't change the facts.)