Sold a car to a NO SHOW. Now What???

Sorry But you are breaking the law. You are not the legal owner of the vehicle as stated on the titile another person name. In Michigan a bill of sale is non binding if your name is not on the title. This happened to me the original owner was long gone. Bill of sale meaningless.

 

Geees what a bunch of geezers. There are thousands of cars that trade hands each day with an "open" title, signed off by the previous owner. Illegal by the strict letter of the law, probably, but who gives a shit. Dealers do it on every used car they buy to avoid paying sales tax when THEY buy it! I used to live in Georgia where they used to charge sales tax on ALL car sales at about 8%. I'm not buying a $3,000 antique project car for my hobby and paying $240 to the state of Georgia to do so. When you think of how many times that same 40 year old car had been bought and sold and each time paying the state its pound of flesh it is nothing but a SCAM! In most states, private transactions are NOT taxed, like garage sales, private sales of furnitutre or lawmowers or anything else for that matter. Businesses ARE taxed like car dealers. So the laws stealing taxes from private individuals for used 30-60 yeard old merchandise is WRONG. I'm sure it ads up to way more than the value of these cars over the years. I was part of the group that got that tax law repealed in Georgia where the state actually had to refund the taxes collected going back some time.

I now live in another state with the same scam going. I will buy a car with an open title and I will sell a car with an open title or I will buy and sell a "bill of sale" car no problem. Here in the southeast it is a "way of life" with old cars that will never change. A little Rebellious? Hell yes. If it were tea I'd throw it in the harbor. If it were a nominal title transfer fee, fine, no problem. But when you buy a $40,000 32 Ford, paying the state $3,600 for the Privilege is un-american.

And as far as the car in question, screw the abandonment process, leaving it out on the street, or paying for a storage facility. That's all assinine when the guy HAS the car and HAS the title. I'd send the buyer a certified letter telling him he had X number of days to remove the car from your property or you would dispose of it as you see fit and he would forfeit any monies paid. When the generous amount of time passes and he still has not picked up the car, sell it with the open title you have and go on about your life.

Oh, and thois crap about reselling it and giving him all or some of his $$ back, that's stupid. Stupid because you are then legally ackowledging that HE is the legal owner of the car and that means that only HE has the right to decide if he wants to sell it, not you. If he does not like his partial or full refund, you could be sued. But if you send out the certified letter telling him he has so many days to remove the item or it will be disposed of and his $$ forfeited, then he has agreed to let you sell it and give up the $$ if he fails to respond.

Sorry, but I've had a rant building up in me for a few days now and it just came forth.

 

My daughter sold her 81' camaro in MAY, got cash in full and changed the title over, I haven't heard anything from the guy since then, and it's still sitting in my yard.

 

Sounds like he is trying to take advantage of a free storage situation. My thing is, if he had something come up (death in the fam or financial probs, ect.) all it takes is a 5 minute phone call to let you know. If he can't do that then I would I would send him a final letter letting him know the amount he has racked up in your storage fees ($$ per day X days after the 2 week grace period after auction). If still no reply resell the car for at least what it would cost to refund the original buyer his money minus your storage fees. So lets say the original buyer bought it for 7k and it has cost you 2k to store it since the auction ended. Resell it for 7k and if he comes complaining that you resold it, refund him 5k and the 2k left goes to you for your troubles. I would also make sure you let him know your plan through 2 forms of communication, maybe email and certified letter, so you can see it made it to his mailing addresses.

 

One flaw in this theory. If I am selling a car, the title doesn't leave my hands without the sellers name filled out. Why would I leave myself open to liability by remaining the owner of record on the title. This means anything that happens to, or with the car, is the responsibility of the owner of record. This Old Geezer won't go for that one.

 

Again, if the title is "open" when you bought it, it doesn't have your name on it.

 

thas a long ass time to sit on a sold car with little to no communication!

I would check on the laws of your state( since thats where the sale initiated)
take action based on what you find out. Send him a Certified letter and go from there-----good luck

 

again, You need to check the laws in your state. I bought a truck in Texas. They do not have a requirement for the title to be notarized and dated, therefore the title is open. I went to title it in my name and was advised by a tag agent to keep it open until I was ready to put it on the road, then change the title. This way I save tag fees for going on 3 years now. I hope to be driving next spring.

For this issue, find a way to deal with the car without any more hassle than necessary. It sounds like Johnnycola acted in good faith and now is housing someone elses car. I have other stories and yes, in my youth I had to learn some hard lessons, you see there was this 1930 Packard sedan that was abandoned at my uncle's house and well, ..................I lost it because I did not have storage space. I was 16 and a bit stupid. Now I'm 62, sometimes not much has changed except age. I'm still too trusting and go too far with some folks.

 

Send him a registered letter stating that on stated day you are taking the car to a monthly rental storage center and put the paperwork in his name,,,and send him the key,,,let him worry about the car. HRP

 

So if the title is done why dont you run it down the street park it and make sure there isnt a plate on it... Let the city county or whatever deal with it..
Dave

 

Maybe they changed the rules, they gave a guy back his cash on a 54 Dodge body I sold because he never got it, he kept putting me off and 4 months later the ruled in his favor, even though I had the email where he said he couldn't get it, and for me to keep it......only $400 buck, but SCREW Pay-Pal....

 

Jeez, I just meant I didn't put my name on the title YET.

I sent him an email, and a friend of his got a hold of me, and it sounds like he's going to take care of the whole deal. Friend says he's been sick...

Consider it resolved.

 

its called a lien sale

 

Guys, for future reference, NEVER allow a title to go away from you without properly signing and dating the title (and notarizing, if your state requires it!), PLUS a signed bill of sale, with both parties getting a copy, along with a detailed storage agreement, if that is part of the deal.

I sold a '64 Chevy C10 stepside to a guy, back in the late '80s. In Oklahoma, the tag follws the vehicle, and it had a few months left on it. I did what I said above. A few months later, the cops come to my door and ask me about the truck, and I said that I used to own it. I produced my copy of the BOS, then made a copy for the cop to keep. Turns out the truck was involved in a bank robbery, and the guy who bought my truck was the robber! I knew right where he lived and gave the cops that info, and very soon after, the guy was on his way to jail. For a loonnng time!

Moral of the story - ALWAYS have proper documentation, even if it's a parts car that has no paperwork. That keeps YOU out of trouble.

 

Guess you need to get a dealer's license then. In Nebraska that is what a dealer's license gets you - the ability to LEGALLY resell a car without titling and licensing. I don't think anyone here (including me) really care if you jump title or not on your stuff, but the original poster is in a position where it is possible the law / courts could get involved (lawsuit, etc.). In his case, he needs to make sure he has his stuff in order so he isn't the one out the car and the cash.

 

Yeah, I understand that. But the point is, that in most states there is no sales tax on private/personal transactions for used goods. With dealers, the business (dealer) does not have to pay sales tax, but the private seller does. It's assbackwards so they can steal $$ they are not entitled to because they think they can get away with it.

 

Get some real legal advise from a lawyer. I doubt if any people posting on this are legal pros. These issues are on here all the time, I don't get it???

 

around here, you don't have to have insurance UNTIL you want to put plates on it.
get the title in YOUR name...then sell it

 

Getting back to the 59 Ranchero. I didnt sell it on ebay The guy came by here paid with a check on a paving co in new york. Took the title with him. I could apply for a lost title since it was last licensed in my name. When you get a replacement title in ark the original becomes dead. As for a bill of sale. A bill of sale does legally transfer owner ship in Arkansas.You will only need a bill of sale from whoever you purchased it from to license a vehicle in ark if it is at least 25 years old . But you must put antique plates on it. They will run the vin and if it has no leins and is not stolden you can get plates. Best thing since they changed the laws the last sesson. OldWolf

 

I live right down the road from you, I'll "store" it for the guy.

Looks like good rubber on her, can it run on regular gas?

Jim

East Troy WI.

 

i sold a 59 ranchero to a guy from NEW YORK three years ago. i posted on this thread the details. out of the blue he called friday morning. he said he will mail me some money for storage.I think maybe He got word of my posting here? I will let you know how it turns out. OldWolf

 

"Dude paid in July. It's October. Paypal ain't gonna do shit for him at this point. He only had 45 days to complain to Paypal."

if he paid with a credit card he can do a chargeback and paypal will deduct it from your account. if your account is empty they can send it to collections and screw up your credit. a person could even do this if they came and got the car/item. paypal is evil and should be avoided.

 

is n't all paypal ayment in the form of paying paypal through credit card? How can paypay do chargeback?? I have never heard of this.

I used paypay to receive payment for a a $40 radiator shell that i sold here. Was it possibe that the user cold have done chargeback??

 

any time a person makes a paypal payment they try to steer you towards taking the money out of your bank account. if you have money in your paypal account from an ebay sale or something similar paypal will take that first before allowing you to use your other options. paypal is evil.. they promote the payment system as safe for buyers, then try to make you pay by other than the absolute safest method>> with a credit card.

not all payments are backed by a credit card.

a "chargeback" is done through the buyer and his credit card. this is different than going through the paypal dispute process. paypal only refunds when they will not be left holding the bag. they will gladly screw the seller without even giving it another thought.

as a seller there is always the possibility of getting screwed. though it is a rare occurance.... especially with car parts and related junk. the odds of getting screwed by a paypal HAMB sale would be almost 0%, since assholes and scammers are usually not found here.

 

All taken care of. Car got picked up a week ago. All is well.

 

very cool glad to hear the car is gone ,

 

Good News. Sometimes things do work out.