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Unread 04-26-2012, 07:29 PM
 
6 posts, read 14,948 times
Reputation: 10
Default The Owner wont give me the car title.

Hello,

Just a question about what options I have to get a vehicle title from the person I got the car from.

On February 5th, I bought a 1999 Honda Accord for $3700.00. On the spot, I paid 1800 cash, and $1900.00 in a check. The owner at the time wouldn't give me the title of Vehicle because he wanted the check to be cashed. I agreed to that, and he cashed the check the next morning.

Between February and March, I called him 14 times according to my phone bill. But I either got no answer, or an excuse about how he couldn't provide the Title. I continued to drive the car.

on April 20th, I had a not-at-fault accident, and my insurance company wont make repairs till the title is in my name. I called the guy listed on the title on Saturday, informed him of the situation, and for the first time - he actually told me "NO - I just can't hand over the title now"!!!!!!!

My question is with a hand written receipt, and a copy of the check that he cashed, do I have any chance of ever getting that title, at least legally? Or, am I just screwed the heck over?

If there is something that I'm not seeing from his point of view, could some one help me understand why he wont give the title. I only see it as I gave him the cash out right - with no problems. But he wont hand the title over.

Ben
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Unread 04-26-2012, 07:35 PM
 
Location: San Antonio, TX USA
2,179 posts, read 1,724,232 times
Reputation: 2241
Quote:
Originally Posted by pratt_96 View Post
Hello,

Just a question about what options I have to get a vehicle title from the person I got the car from.

On February 5th, I bought a 1999 Honda Accord for $3700.00. On the spot, I paid 1800 cash, and $1900.00 in a check. The owner at the time wouldn't give me the title of Vehicle because he wanted the check to be cashed. I agreed to that, and he cashed the check the next morning.

Between February and March, I called him 14 times according to my phone bill. But I either got no answer, or an excuse about how he couldn't provide the Title. I continued to drive the car.

on April 20th, I had a not-at-fault accident, and my insurance company wont make repairs till the title is in my name. I called the guy listed on the title on Saturday, informed him of the situation, and for the first time - he actually told me "NO - I just can't hand over the title now"!!!!!!!

My question is with a hand written receipt, and a copy of the check that he cashed, do I have any chance of ever getting that title, at least legally? Or, am I just screwed the heck over?

If there is something that I'm not seeing from his point of view, could some one help me understand why he wont give the title. I only see it as I gave him the cash out right - with no problems. But he wont hand the title over.

Ben
He cant give you the title because he probably dose not have it. The car may be financed at one of those buy here/pay here places.
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Unread 04-26-2012, 07:50 PM
 
6 posts, read 14,948 times
Reputation: 10
At the time of the purchase I did SEE the title. But no one can tell what he's done w/ it since then.
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Unread 04-26-2012, 08:34 PM
 
Location: San Antonio
409 posts, read 357,732 times
Reputation: 286
Perhaps if you paid for the repairs and handed him the bill he might produce the title. If you decide to do that tell the person and maybe he will start digging for the title most ricky tick...Sounds a little fishy to me.
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Unread 04-26-2012, 08:41 PM
 
Location: Eastern NC
12,383 posts, read 6,820,343 times
Reputation: 9752
Tell him to either give you the title today or you will see him in court and sue him for what you paid for the vehicle.
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Unread 04-26-2012, 08:41 PM
 
Location: NJ
17,580 posts, read 16,134,026 times
Reputation: 15198
The longer you let this drag out the less chance you have of ever seeing that title. Heck, he may have sold that car multiple times for all you know.

I wouldn't call. I would show up at his house. Where he works. Wherever you have to and demand the title.
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Unread 04-26-2012, 08:42 PM
 
7,574 posts, read 7,977,710 times
Reputation: 4576
Who the hell hands over $3700 without getting the title???????
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Unread 04-26-2012, 08:49 PM
 
39,262 posts, read 38,683,801 times
Reputation: 11414
I would contrqact the police. In mpost states tehre are requiremnt o what you must handover to the buyer o sale of a car. Hopefuly you got a receipt.You also might want to serch the tilte to see if it c\aler title with no lean on it.
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Unread 04-26-2012, 08:59 PM
 
10,929 posts, read 4,592,760 times
Reputation: 4009
get a copy of the check you gave him from your bank, and contact the local PD, and have them go with you to get the title to the car. if he cant produce it then, you can offer, i front of the cop as a witness, to either sue the guy in civil court, of have the cop arrest him on fraud charges.
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Unread 04-26-2012, 09:04 PM
 
Location: Full time RV"er
2,304 posts, read 3,140,409 times
Reputation: 1168
Quote:
Originally Posted by pratt_96 View Post
Hello,

Just a question about what options I have to get a vehicle title from the person I got the car from.

On February 5th, I bought a 1999 Honda Accord for $3700.00. On the spot, I paid 1800 cash, and $1900.00 in a check. The owner at the time wouldn't give me the title of Vehicle because he wanted the check to be cashed. I agreed to that, and he cashed the check the next morning.

Between February and March, I called him 14 times according to my phone bill. But I either got no answer, or an excuse about how he couldn't provide the Title. I continued to drive the car.

on April 20th, I had a not-at-fault accident, and my insurance company wont make repairs till the title is in my name. I called the guy listed on the title on Saturday, informed him of the situation, and for the first time - he actually told me "NO - I just can't hand over the title now"!!!!!!!

My question is with a hand written receipt, and a copy of the check that he cashed, do I have any chance of ever getting that title, at least legally? Or, am I just screwed the heck over?

If there is something that I'm not seeing from his point of view, could some one help me understand why he wont give the title. I only see it as I gave him the cash out right - with no problems. But he wont hand the title over.

Ben
OK first let me say I am not a lawyer. But having worked in the auto motive business for 34 yrs.

I have come across this situation a few times usually he can't give the title because he doesn't have possession of it. What you should have done was go to the bank and cash the check with him then get the title .

Now in your situation all you need to do is mail him a demand letter, in the letter demand that within 24 hr he produce the title or return your money in full. The laws are in your favor because a person can't legally enter into a contract to sell something you don't own .

If he doesn't give you the title or refund your money , now you can go to small claims court , file your action , get him served by the court and he must appear, if he doesn't appear then you win judgment against him. Now you can go to DMV and request a title search which will show who really has the title( lien Holders name). DMV at this point can cancel his driving privileges until he resolves the issues.
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