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Old 08-31-2015, 08:08 PM
 
2 posts, read 21,161 times
Reputation: 10

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I purchased a car off CL last week. I put down $1,000 and the owner signed the title and gave it to me. The plan was to register the car, obtain plates, and then give the owner the remaining $1000 in exchange for the actual car.

The car was intended for my girlfriend and she accidentally made an error while writing her info and crossed something out on the title. Obviously this is a big no-no for the DMV and we can't register the car. I explained the situation to the former owner and he refuses to cooperate. He won't apply for a new title, give me the car, or give me my thousand dollars back.

To recap, I posses the signed title with an error on the buyer's name line. The original owner's info is perfectly legible and signed by him. What are my options? Can I report the car stolen without registering the vehicle? Will the local police intervene based on the fact that this car is stolen? Is my only option small claims court? Any insight would be greatly appreciated!
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Old 08-31-2015, 08:17 PM
 
Location: Arizona
6,131 posts, read 7,982,569 times
Reputation: 8272
Quote:
Originally Posted by Daniellabarbera View Post
I purchased a car off CL last week. I put down $1,000 and the owner signed the title and gave it to me. The plan was to register the car, obtain plates, and then give the owner the remaining $1000 in exchange for the actual car.

The car was intended for my girlfriend and she accidentally made an error while writing her info and crossed something out on the title. Obviously this is a big no-no for the DMV and we can't register the car. I explained the situation to the former owner and he refuses to cooperate. He won't apply for a new title, give me the car, or give me my thousand dollars back.

To recap, I posses the signed title with an error on the buyer's name line. The original owner's info is perfectly legible and signed by him. What are my options? Can I report the car stolen without registering the vehicle? Will the local police intervene based on the fact that this car is stolen? Is my only option small claims court? Any insight would be greatly appreciated!
Did you get a receipt for the deposit? I don't think the police are going to help you, the car isn't technically stolen. You might have a case for fraud, but I really think they are going to tell you it's a civil matter.

Try a local TV station, maybe they will take it up as an "on your side" kind of thing, but if you don't have a receipt it's going to be tough.
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Old 08-31-2015, 08:35 PM
 
2 posts, read 21,161 times
Reputation: 10
Thank you John. I do not have a receipt but I could argue that the title which is signed by the previous owner and clearly states the price at which the car was sold for. Can that be considered a receipt? Like I mentioned, I do possess the signed title. Any insight?
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Old 08-31-2015, 09:30 PM
 
Location: Arizona
6,131 posts, read 7,982,569 times
Reputation: 8272
Quote:
Originally Posted by Daniellabarbera View Post
Thank you John. I do not have a receipt but I could argue that the title which is signed by the previous owner and clearly states the price at which the car was sold for. Can that be considered a receipt? Like I mentioned, I do possess the signed title. Any insight?
Well yes you have that and I hate to be the doomsayer but if the guy you're buying it from is a crook he's going to say you only gave him $100 or something like that, and it will be your word against his. It may come down to who the judge believes if this goes that far.

Hopefully it won't. What's his justification for not working with you to resolve this? I get that applying to the infamous NJ DMV is going to be a hassle, but he's going to have to do it sooner or later.
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Old 08-31-2015, 11:00 PM
 
Location: NJ & NV
5,771 posts, read 16,578,952 times
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Well for one thing you never cross off or erase anything on a title.The original seller might just be pissed off about that because now you don't have anything and he doesn't have anything, he has to go out of his way and at expense and time and hassle to apply for a new title and that could take a few weeks to get too, then it would get mailed to him and he holds it until he signs it over to you.

Some states in the US used to register cars without titles, that's the way those states work, then you would have a title or a reg to the car but you'd still owe him the money, half of it, the balance, and he has the keys,,,,you got yourself a pickle.

Since you guys screwed up the title you could offer to pay the fees to apply for a duplicate, maybe he'd be less pissed off???
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Old 09-01-2015, 06:58 AM
 
684 posts, read 811,890 times
Reputation: 766
Word of advice , you always do everything in writing with both your signatures . Never trust anyone's "word" these days.
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Old 09-01-2015, 07:36 AM
 
Location: Greater NYC, USA
2,761 posts, read 3,425,413 times
Reputation: 1737
Would the seller say something like this :

Quote:
I have a car for sale on CL, the buyer is just to needy.

I want to get my 2 grand and get rid of the car, he is giving me 1k later, now I have to get another tittle. I am not even sure if this guy trying to pull some sort of a fraud.

I am begging to resent dealing with this guy.

I don't mind if if police or courts look into the matter, get this guy's ID and make sure there is not fraud.

Actually when I had a used car fro sale, I some one was trying to pay me in bitcoins. There is a population of local jail that got caught passing fonny checks.
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Old 09-01-2015, 08:14 AM
 
2,684 posts, read 2,397,471 times
Reputation: 6284
I kind of see the seller's point here- this is a weird transaction. Usually, you give the seller the full price and you get the car+title in return.

Your remedy here is to give the seller the remaining cash and take the car, then deal with title issues on your own. You should also write up a bill of sale and have the seller sign it, stating that the car is now yours. With the signed bill of sale, the MVC in Trenton should be able to clear things up.

Maybe the seller will be more willing to help once he knows that he is getting fully paid. I've sold many cars before and would never do the split-payment transaction you are talking about. Complete the transaction, then clear up the paperwork. The error on the title was your mistake, the buyer shouldn't be on the hook for it.

Quote:
Originally Posted by johnp292 View Post
Hopefully it won't. What's his justification for not working with you to resolve this? I get that applying to the infamous NJ DMV is going to be a hassle, but he's going to have to do it sooner or later.
The seller is probably pissed because he has done nothing wrong and now has an invalid title through no fault of his own. I would be too. Normally, sellers aren't involved in the registration process other than to sign the title and watch the car drive away. This is a weird transaction.
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Old 09-01-2015, 05:54 PM
PDD
 
Location: The Sand Hills of NC
8,773 posts, read 18,379,327 times
Reputation: 12004
Quote:
Originally Posted by Daniellabarbera View Post
I purchased a car off CL last week. I put down $1,000 and the owner signed the title and gave it to me. The plan was to register the car, obtain plates, and then give the owner the remaining $1000 in exchange for the actual car.

The car was intended for my girlfriend and she accidentally made an error while writing her info and crossed something out on the title. Obviously this is a big no-no for the DMV and we can't register the car. I explained the situation to the former owner and he refuses to cooperate. He won't apply for a new title, give me the car, or give me my thousand dollars back.

To recap, I posses the signed title with an error on the buyer's name line. The original owner's info is perfectly legible and signed by him. What are my options? Can I report the car stolen without registering the vehicle? Will the local police intervene based on the fact that this car is stolen? Is my only option small claims court? Any insight would be greatly appreciated!
Your mistake with incorrect signing. Your responsibility to pay to have it corrected. Pay him the money you owe him and he will probably give you the car. I would if I was him.

Old carpenters saying" measure twice cut once" or read twice sign once.

The title is a legal document, no erasures allowed.
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Old 09-01-2015, 09:16 PM
 
Location: Pennsylvania & New Jersey
1,548 posts, read 4,313,759 times
Reputation: 1769
Default "Flipper?"

Quote:
Originally Posted by Daniellabarbera View Post
... The car was intended for my girlfriend and she accidentally made an error while writing her info and crossed something out on the title. Obviously this is a big no-no for the DMV and we can't register the car. I explained the situation to the former owner and he refuses to cooperate. He won't apply for a new title, give me the car, or give me my thousand dollars back. ...
This sounds like you bought the car from a 'flipper' who failed to take title in his own name. If that's the case, of course he's now uncooperative. To solve the problem, he'd have to take the title back to the guy he acquired the car from!

Are you sure the person whose name is on the title is the same person you're dealing with?
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