Car Title issue?
#1
Car Title issue?
Looking at buying an old car (Chevy Nova).
The guy said that he has the title, but it is not in his name. The previous owner signed the title, but the guy that has it now did not fill out the "buyer" portion of the title. He says he wanted to just give it a tune up and then sell it.
He says if I buy it from him, then I fill out the "buyer" portion and then I can get it registered in my name.
Should I stay away, or is this something people do and no worries?
The guy said that he has the title, but it is not in his name. The previous owner signed the title, but the guy that has it now did not fill out the "buyer" portion of the title. He says he wanted to just give it a tune up and then sell it.
He says if I buy it from him, then I fill out the "buyer" portion and then I can get it registered in my name.
Should I stay away, or is this something people do and no worries?
#4
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Have him meet you at a title company. The title company can check the DMV report insuring it wasnt reported stolen, they can also check title penalties, lien status and most importantly they can do a bill of sale/notary and transfer. Hope this helps
#5
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If title never transferred to his name, it is not his to sell.... technically.
As the new owner you will have to pay hefty penalties/fines, and any outstanding money owed to the govt. You might have to file for lost title, buy title insurance, or find somebody that works in the grey market to get it in your name.
Is title dated from previous seller? Does current "owner" have original bill of sale with signature and date? Or can you find the actual owner to make a new bill of sale/transfer title from him to you?
As the new owner you will have to pay hefty penalties/fines, and any outstanding money owed to the govt. You might have to file for lost title, buy title insurance, or find somebody that works in the grey market to get it in your name.
Is title dated from previous seller? Does current "owner" have original bill of sale with signature and date? Or can you find the actual owner to make a new bill of sale/transfer title from him to you?
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Does it make it right? Of course not. But it's not necessarily the end of the world, either. But if you don't feel comfortable about, then walk away. Or try some of the methods already suggested.
If you feel comfortable with the situation and the seller and the title has not been dated, you don't have to pay any penalties.
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True, but as already mentioned, it happens all the time. I bet quite a big percentage of cars being sold by "owners" (curbstoners I guess is the official term) on Craigslist have open titles.
Does it make it right? Of course not. But it's not necessarily the end of the world, either. But if you don't feel comfortable about, then walk away. Or try some of the methods already suggested.
If you feel comfortable with the situation and the seller and the title has not been dated, you don't have to pay any penalties.
Does it make it right? Of course not. But it's not necessarily the end of the world, either. But if you don't feel comfortable about, then walk away. Or try some of the methods already suggested.
If you feel comfortable with the situation and the seller and the title has not been dated, you don't have to pay any penalties.
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#8
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I always file the form when I sell a vehicle, just in case. Good to know it works, then.
Well... Works when ever the state bothers to figure their **** out. Got a letter from a towing company a couple of weeks ago about a Bonneville I sold back in August and had now been impounded, but I guess I was still listed as the owner.
Well... Works when ever the state bothers to figure their **** out. Got a letter from a towing company a couple of weeks ago about a Bonneville I sold back in August and had now been impounded, but I guess I was still listed as the owner.
#9
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I always file the form when I sell a vehicle, just in case. Good to know it works, then.
Well... Works when ever the state bothers to figure their **** out. Got a letter from a towing company a couple of weeks ago about a Bonneville I sold back in August and had now been impounded, but I guess I was still listed as the owner.
Well... Works when ever the state bothers to figure their **** out. Got a letter from a towing company a couple of weeks ago about a Bonneville I sold back in August and had now been impounded, but I guess I was still listed as the owner.
#10
Ok, there is a lot of misinformation in this thread. What you have is an open title, completely legal and nothing wrong with it. You don't need a bill of sale, nor do you need a notary to sign it, it means nothing in Texas. Stolen wouldn't mean jack because you have the signed title in your possession.
Doesn't mean or do anything in the state of texas. Waste of time.
Also a waste of time and money. If you were doing a bonded title, then this is the way to go, because you wouldn't know if it's stolen or not. Signed blue title is concrete proof of ownership in texas, doesn't matter if it's open or not.
This is accurate, and those fees can rack up BIG TIME if it has been a few years since the sale.
Doesn't mean or do anything in the state of texas. Waste of time.
This is accurate, and those fees can rack up BIG TIME if it has been a few years since the sale.
#11
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Ok, there is a lot of misinformation in this thread. What you have is an open title, completely legal and nothing wrong with it. You don't need a bill of sale, nor do you need a notary to sign it, it means nothing in Texas. Stolen wouldn't mean jack because you have the signed title in your possession. Doesn't mean or do anything in the state of texas. Waste of time. Also a waste of time and money. If you were doing a bonded title, then this is the way to go, because you wouldn't know if it's stolen or not. Signed blue title is concrete proof of ownership in texas, doesn't matter if it's open or not. This is accurate, and those fees can rack up BIG TIME if it has been a few years since the sale.
With all that said I have been on both sides of a sale like this. OP cover your ***, draw up a bill of sale and make a copy of his DL.
Last edited by oscs; 12-31-2014 at 08:41 PM.
#12
Huh? I would like to hear your definition of an "open title" The guy selling the car is trying to avoid taxes, period. An "open title" means nothing more than the original seller signed the title away (sold the car and the buyer hasn't filled out the buyer info) Trying to sell a car you don't technically own is illegal because you are in attempt avoiding sales tax. Does it matter to the guy buying it? No as he can just sign the title, pay the taxes and be done with it. HOWEVER the current seller IS breaking the law.
With all that said I have been on both sides of a sale like this. OP cover your ***, draw up a bill of sale and make a copy of his DL.
With all that said I have been on both sides of a sale like this. OP cover your ***, draw up a bill of sale and make a copy of his DL.
You can get a bill of sale, but it's not exactly going to do anything. As for copying the drivers license, I would tell you to pound sand, no way is some random *** person going to copy my license.
#13
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If the original owner signed the title and the transfer papers, then it doesn't matter who is the buyer. This does happen all the time and I myself have done this both ways a few times as the buyer and the seller. I wouldn't worry about it. Yes you will pay taxes based on the actual book value now. If the title and transfer paper were not dated, just date it in the last 30 days and your good with no penalties. If its dated and past 30 days you will pay a small penalty. Again, I wouldn't worry about it.
#14
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Of course he is trying to avoid the taxes, he is a flipper and there are about 100,000 of them in texas. That doesn't change the fact that everything I said is accurate, it means nothing to the current buyer. You can get a bill of sale, but it's not exactly going to do anything. As for copying the drivers license, I would tell you to pound sand, no way is some random *** person going to copy my license.
#15
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If the original owner signed the title and the transfer papers, then it doesn't matter who is the buyer. This does happen all the time and I myself have done this both ways a few times as the buyer and the seller. I wouldn't worry about it. Yes you will pay taxes based on the actual book value now. If the title and transfer paper were not dated, just date it in the last 30 days and your good with no penalties. If its dated and past 30 days you will pay a small penalty. Again, I wouldn't worry about it.
#17
You telling me to "Pound sand"would result in me telling you to go **** your self. Trying to sell a car you don't own and then refusing the buyer proper documentation? good luck with that one. I've sold and bough a car in this manner and never had anyone give me **** for trying to be thorough.
Also, if someone is illegally selling a car, they aren't going to want any paper trail leading back to them. To me, it seems like you want leverage in case there is something mechanically wrong with the car.
You're one of those guys that thinks you're special because you're interested in a car. If I don't sell to you, then I will sell to one of the other 15 people in line behind you.
If some random person off the street came up and asked to copy your drivers license, would you show it to him? Pretty sure I know the answer to that question already.
#18
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Those documents aren't required for an individual sale in the state of texas. You really think that I would let a perfect stranger know my full name, drivers license number, and where I live? You could be anybody, plus I have no idea how scatter brained you are, you might lose my info and it could fall into the wrong hands. Also, if someone is illegally selling a car, they aren't going to want any paper trail leading back to them. To me, it seems like you want leverage in case there is something mechanically wrong with the car. You're one of those guys that thinks you're special because you're interested in a car. If I don't sell to you, then I will sell to one of the other 15 people in line behind you. Thats because you don't deal with people every day like I do. I sell/finance cars legally off from my car lot. I flat out don't trust anyone, I cover my *** first, second, and third, then I worry about the buyer. If some random person off the street came up and asked to copy your drivers license, would you show it to him? Pretty sure I know the answer to that question already.
Yes we all know they are not required we all get that. But for some reason you keep forgetting that selling a car in this manner is ILLEGAL just like you said people don't give there info becuase they are trying to avoid a paper trail.. That's what your doing!! Also I can't believe your stupid enough to be telling people on the Internet you do this on a regular basis.. Why don't you go ahead and post the name of your Lot while your at it...
As far as you not giving out your info to buyers that's great for you but out of the many many many cars/trucks/race cars/deuce and halfs/motorcycles/ 4 wheelers etc. I've purchased in my life never not one time ever been denied any one of these documents. If I did I would take my money and walk away. Plain and simple.
And just so you know yes, the buyer is special becuase They are the one with the cash. CASH is king. I know your type and can smell your bullshit a mile away when I shop for cars. Your probably some sleaze ball used car salesman trying **** every person that walks in the door.
#19
Yes we all know they are not required we all get that. But for some reason you keep forgetting that selling a car in this manner is ILLEGAL just like you said people don't give there info becuase they are trying to avoid a paper trail.. That's what your doing!! Also I can't believe your stupid enough to be telling people on the Internet you do this on a regular basis.. Why don't you go ahead and post the name of your Lot while your at it...
As far as you not giving out your info to buyers that's great for you but out of the many many many cars/trucks/race cars/deuce and halfs/motorcycles/ 4 wheelers etc. I've purchased in my life never not one time ever been denied any one of these documents. If I did I would take my money and walk away. Plain and simple.
And just so you know yes, the buyer is special becuase They are the one with the cash. CASH is king. I know your type and can smell your bullshit a mile away when I shop for cars. Your probably some sleaze ball used car salesman trying **** every person that walks in the door.
As far as you not giving out your info to buyers that's great for you but out of the many many many cars/trucks/race cars/deuce and halfs/motorcycles/ 4 wheelers etc. I've purchased in my life never not one time ever been denied any one of these documents. If I did I would take my money and walk away. Plain and simple.
And just so you know yes, the buyer is special becuase They are the one with the cash. CASH is king. I know your type and can smell your bullshit a mile away when I shop for cars. Your probably some sleaze ball used car salesman trying **** every person that walks in the door.
I know the law just fine, but it doesn't apply to the BUYER, the OP in this thread would be the buyer. You're handing out advice that is going to cost him the car, when there is zero risk for him.
My god you're dense, I haven't admitted anything, I have been talking about the OP's situation this entire time. I've been applying this magical thing called "Common Sense", in which no person, flipper or not, is going to give a stranger their drivers license.
In fact, you're the one that admitted to being on both sides of the open title sale. Who is the stupid one again?
Huh? I would like to hear your definition of an "open title" The guy selling the car is trying to avoid taxes, period. An "open title" means nothing more than the original seller signed the title away (sold the car and the buyer hasn't filled out the buyer info) Trying to sell a car you don't technically own is illegal because you are in attempt avoiding sales tax. Does it matter to the guy buying it? No as he can just sign the title, pay the taxes and be done with it. HOWEVER the current seller IS breaking the law.
With all that said I have been on both sides of a sale like this. OP cover your ***, draw up a bill of sale and make a copy of his DL.
With all that said I have been on both sides of a sale like this. OP cover your ***, draw up a bill of sale and make a copy of his DL.
Buyers aren't special in the slightest, especially on older cars. Maybe on newer cars where they're available on every street corner, but not something old doesn't come up every day. If you were buying one of my personal cars(which are in my name), you could take your money and walk, don't let the door hit you in the ***. I don't give my info out to strangers because I don't want them coming to my house to take the fiver finger discount with my cars.
As for the cars on my lot, I'm not going to argue about that. I live in a small town and I have a fantastic reputation. I've had exactly one complaint.
I can spot your type from a mile away as well. A pushy bully that gets real pissy when someone doesn't agree with him.
#20
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I know the law just fine, but it doesn't apply to the BUYER, the OP in this thread would be the buyer. You're handing out advice that is going to cost him the car, when there is zero risk for him. My god you're dense, I haven't admitted anything, I have been talking about the OP's situation this entire time. I've been applying this magical thing called "Common Sense", in which no person, flipper or not, is going to give a stranger their drivers license. In fact, you're the one that admitted to being on both sides of the open title sale. Who is the stupid one again? Buyers aren't special in the slightest, especially on older cars. Maybe on newer cars where they're available on every street corner, but not something old doesn't come up every day. If you were buying one of my personal cars(which are in my name), you could take your money and walk, don't let the door hit you in the ***. I don't give my info out to strangers because I don't want them coming to my house to take the fiver finger discount with my cars. As for the cars on my lot, I'm not going to argue about that. I live in a small town and I have a fantastic reputation. I've had exactly one complaint. I can spot your type from a mile away as well. A pushy bully that gets real pissy when someone doesn't agree with him.
Buyers aren't special? I'd hate to be one your customers. I guess they all owe you something for having something for sale? Lol what a tool!
Last edited by oscs; 01-01-2015 at 06:24 PM.