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ScottGem · Jul 20, 2013, 07:44 AM

Very little of this story makes sense. Hopefully the OP will return and answer our questions (all of them and clearly) so we can attempt to advise.

N0help4u · Jul 20, 2013, 07:46 AM

I have a feeling he must of left and went back or had it delivered? Hard to imagine driving off with a non identical car.

smearcase · Jul 20, 2013, 08:47 AM

If this were in PA, and the title was sent through PennDOT and received by glow13, as required (see excerpt below from PennDOT procedures), glow13 is now the owner of a 92 Ford. It could be on the road anywhere, possibly (no, make that just plain- not) insured, as insurer's tend to know exactly which car they are insuring.
This could easily happen with careless handling of documents by the salesman or a clerk I believe, in states where the title is processed as in PA. But if it did happen, the dealer would have to pay the transfer tax twice and that amount of money (depending on which state we end up talking about) could easily wipe out the profit made on the sale. If not a scam, most likely someone at the dealership trying valiantly to save their job, and grasping at straws.
"Used cars
In most cases, you will need the service of an authorized PennDOT agent or the Bureau of Motor Vehicles to assist you in transferring the title. The dealer, authorized PennDOT agent, or online title/registration processor is required to send the title application directly to PennDOT."

odinn7 · Jul 20, 2013, 11:46 AM

So you have a '96, which is the one you wanted, but the title that you got in the mail was for a '92. Your BOS shows the information for the '96 that you have.

VIN# on BOS matches the VIN# on the car? VIN# does not match title for '92.

In most states, the BOS is the receipt. The BOS is required to have information such as make, model, year, and VIN#. It is also required to list out payment terms such as cash, check, amount paid... I assume your BOS has all of this?

This is your proof. Still, you need the correct title.

I agree with Smearcase here. This dealer was probably an issuing agent and grabbed the wrong title from the files and filled it out for you. Now, he has made a mistake that not only could be costly to fix, but could result in fines and penalties against his dealer license and issuing agent status. If this has happened before, he could even lose his license.

My guess is that he is covering it up in an attempt to save himself. Very, very poor business practices.

Call the DMV center that handles your state. Tell them what is happening. Tell them all the details including the comment about you stealing the car... and on top of that, lodge a complaint against the dealer. In my state, Pennsylvania, they are very hardcore against dealers screwing the public. Chances are high that this dealer already has marks against them with behavior like this.

Do this first and the DMV should tell you the next steps to take.

One last word of advice... once in a while you will get a DMV employee on the phone that is incredibly nice and helpful... but that is few and far between. Many are grumpy. As much as you may want to give attitude, remain nice, calm and cheerful... it really helps.

glow13 · Jul 20, 2013, 11:49 AM

Ok first off I am a female. 2nd, I live in jacksonville,fl 3rd, I baught the car from a private dealer with used cars.
And how can I steal a car if I have the tittle to it? The person stating that the dealership is trying to intimidate me absolutely right. That's exactly whay he is trying to do. Why do you think he hasn't called the cops on me? If I really did steal the car? This happened about 6 mnths ago. Now I just want my money back. Im taking him to civil court on the 1st.

N0help4u · Jul 20, 2013, 11:59 AM

You are going to have to take it to court but first make sure you have all the paperwork to back you up. If the DMV has anything that might help check that out too. Like odinn said you should tell them what is going on and get some good advice from them

odinn7 · Jul 20, 2013, 12:04 PM

If you are already heading to court, I can't see you losing this as long as your BOS shows everything. Their story is going to sound pretty messed up as well.

Good luck.

ScottGem · Jul 20, 2013, 12:12 PM

Originally Posted by glow13

Ok first off i am a female. 2nd, I live in jacksonville,fl 3rd, I baught the car from a private dealer with used cars.
And how can i steal a car if i have the tittle to it? The person stating that the dealership is trying to intimidate me absolutely right. Thats exactly whay he is trying to do. Y do u think he hasnt called the cops on me? If i really did steal the car? This happened about 6 mnths ago. Now i just want my money back. Im taking him to civil court on the 1st.

What is a private dealer? Is this just a individual who sells cars on the side. Someone who sells more than 3 cars in a 12 month period requires a license in FL.

Second, according to what you have told us, you DON'T have title to the car you brought. But you have a bill of sale dated 6 months ago. You didn't answer, does this bill of sale describe the car you have (the 96?) including what you paid?

Since this happened 6 months ago, I doubt if you can get a refund. Is there something else wrong with the car? Was there any warranty?

The best thing I can suggest (based on what you have told us so far) is to take the bill of sale and get the correct title.

glow13 · Jul 20, 2013, 12:14 PM

Ok here's the story from the beginning up to now...
On march 26 2013 I went to a private used cars dealership. I put 1,000 down that same day so I could drive off with the car and he also gave me my bos NOW on the bos it has the correct info to the car I purshaced. So I thought nothing of it. A week later I finished paying the guy from dealer which was about 2,500 more. He never gave me the receipt. In fact he wanted to meet up in the streeta not the job (for some reason). About 2 weeks after that I get a phone call from the dealer dad saying that he had to fire his son bekuz he was pocketing my on drugs and how did I gey that tittle if I never paid.

glow13 · Jul 20, 2013, 12:19 PM

So I told him no sir your son gave me the title but it is to a '92 I'm taking you to court. So the father told me some lies saying he has the title to my car in fact it has a lien on it. So I asked me to show me my title and he said he didn't have it the dmv has it. So I checked with dmv it was all I lie. So basical

odinn7 · Jul 20, 2013, 12:22 PM

I assumed the 6 month time span was due to trying to sort it out... but Scott is right, you probably will not get a refund. Now though, there is even more of a twist to this story after what you just posted. Maybe you should have mentioned this before. Also, the time frame is now 4 months, not 6.

One last thing and then I am backing out of this thread as it just seems to get more confusing... dealers are required to keep all paperwork associated with sales. You mentioned that they said the paperwork was lost... that by itself is worth a fine. I doubt they lost it... I still say they are covering a mistake.

glow13 · Jul 20, 2013, 12:23 PM

Basically the son who sold me car lost all my papper work and tittle I guess. But I got the title to a '92 but bos to my car am driving now which I purchased. As soon as I told them I was taking them to court they harassed me sayinh that they are going to call the cops on me for stealing their car.

ScottGem · Jul 20, 2013, 12:24 PM

Does the bill of sale state the $2500 price. Again, is this a licensed dealer?

What happened after the call from the "dealer's dad"?

Have you been driving the car? Were you able to get the car registered? And, again, you claim you don't have the correct title. But it is a point in your favor that they sent you some title, even a mistaken one. That the BOS describes the car you have would strongly suggest to a court (or anyone) that's the car you purchased. Sending you the title would indicate that you did pay for the car, but a mistake was made.

glow13 · Jul 20, 2013, 12:33 PM

Yes the bos states 2,500. And yes they do have a license.

Yes I have been driving the car fine. And I got it registerd and insured.

AK lawyer · Jul 20, 2013, 12:44 PM

So you do have the car you bought, and you have a bill of sale for it. The only problem is that you have the title to the wrong car.

No, you don't get your money right. You are "entitled" to the title. If they won't give that to you, go to the DMV and get it straightened out there.

ScottGem · Jul 20, 2013, 01:24 PM

What AK said. You have no grounds for getting your money back or even grounds for taking them to court except maybe for harassment and that's a stretch. You want the correct title, you go to DMV show them the bill of sale and ask for a duplicate title. Then you have your title. You already have the car and the bill of sale. I see nothing else.

They made a mistake with the title. You can easily rectify that by going to the DMV. End of story.

Alty · Jul 20, 2013, 01:44 PM

Now that I've heard the whole story, I have to agree, even though I'm not a legal expert, it makes sense that if you have the 96 Ford that you paid for, you have the bill of sale, you simply received the title for a different car, then you're not really out any money, you're only entitled to the proper bill of sale.

Sounds like they made a mistake, which apparently can cost them their license, which is why they're being such jerks about this. Go to the DMV, show them all your paperwork. Your paperwork clearly shows that you purchased a 96 Ford, and you have possession of the 96 Ford on the bill of sale. The fact that they sent you the title shows that you paid for the vehicle, they simply sent you the wrong title. This is very obviously their mistake.

That's how I see it anyway. Through non lawyer eyes. ;)

odinn7 · Jul 20, 2013, 02:46 PM

I said I wasn't coming back but... All the other advice is good but one thing... you will be out whatever it costs to get a title. In this state, it's $81.50. Essentially, that is all you have lost if everything else is correct.

Alty · Jul 20, 2013, 02:59 PM

Originally Posted by odinn7

I said I wasn't coming back but....All the other advice is good but one thing....you will be out whatever it costs to get a title. In this state, it's $81.50. Essentially, that is all you have lost if everything else is correct.

In that case, I would think that the OP can go to small claims to be reimbursed whatever it costs to get the title in her State.

ScottGem · Jul 20, 2013, 03:31 PM

Originally Posted by Alty

In that case, I would think that the OP can go to small claims to be reimbursed whatever it costs to get the title in her State.

I would advise against that. If the dealer is trying to cover up their mistake, taking them to court may open a can of worms that may cost him more then to cost of a replacement title.