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Old 05-02-2015, 10:39 PM
 
7 posts, read 17,887 times
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Hello,

I wanted to buy a used car, a friend of mine told me about a dealer who lives in NY but supposedly has a NJ dealer license, I went with him to a Dealers Only Car Auction in NJ and he bought me a car that I choose. I then paid him the Full price of the car plus his commission. He gave me a bill of sale and issued a NJ temporary plates valid for 20 days and said that he should receive the title from the auction within 7 days then he will transfer it to my name. it's been 25 days now and he did not give me the title, every time I call he claims that he has not received it yet. the temp plates has expired and I am not able to drive the car. what legal action should I take and to which authority should I report him in order to get my title?
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Old 05-03-2015, 02:56 AM
 
190 posts, read 241,812 times
Reputation: 350
Three possible roads to follow:

1) He may be telling you the truth. Paperwork like titles sometimes travel very slowly through the system.
There is a distinct possibility that the Auction House did not have title in hand when he bought the car for you.
Give him another two weeks to get title. Drive car as is. Life is full of chances. If a cop tickets you, eat the fine.

2) You can call the Auction House if you think you are getting fed B.S. Provide Invoice # and VIN #, tell them your story and simply ask them the status of the title.

'3) Or PM me, invite me into the Big Apple, Buy me a good dinner, get me drunk, and give me the dealers address.
The next day, unbenowst to anyone, I'll go Ape**** Tony Soprano on his azz.
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Old 05-03-2015, 06:31 AM
 
37,338 posts, read 37,643,526 times
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Perhaps he didn't transfer your money to the former owner and therefore the former owner isn't willing to surrender the title. So you need to find out who the former owner and contact them directly to find out.
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Old 05-03-2015, 10:57 AM
 
7 posts, read 17,887 times
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Thank you,
I will contact the Auction house tomorrow, but I don't know if they will be willing to give me any information since they deal with dealers only and I didn't buy the car directly from them. The previous owner is another dealership, it was a leased car and after the lease has ended the dealership sold it at the auction, I will try calling them tomorrow, hopefully they will give me some information regarding the status of the title. if he didn't transfer the money to the previous owner, he would be committing fraud, what authority should I contact in that case, state attorney general?
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Old 05-03-2015, 12:10 PM
 
190 posts, read 241,812 times
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Since he bought the car at Auction, money definitely changed hands (most likely bank draft or ETF) or the car would not have left their premises.

You mentioned lease company as previous owner -sometimes that can delay title transfer process.
Dealers oftentimes sell used cars without official title - which sometimes take weeks to show up.

I think the Auction Company will give you the title status since you know the dealer name, VIN# and probably an Invoice# which served as bill of sale. You are not asking for confidential info. I would ask to speak to a manager from the get-go to prevent a clerk simply blowing you off and stating they cannot help you.

Your dealer may or may not be withholding title intentionally. But if my hunch about delayed title is correct, you can call the dealer again and ask him to provide you another temp tag which will save you from a possible pinch by the cops.

Good Luck
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Old 05-03-2015, 01:11 PM
 
4,846 posts, read 4,566,352 times
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I think that you may have been scammed. Did you pay the dealer in cash? Did you accompany him to the auction office while he paid for the car and did you see a receipt change hands at the time of payment? I believe that only the New Jersey Motor Vehicle Commission can issue an official title, not the dealer.
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Old 05-03-2015, 02:18 PM
 
190 posts, read 241,812 times
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Since it was a leased car, there is no telling which state the title was originally filed.

Since she lives in NY - the car she purchased should be titled by NY State MV.

I bought used cars in the past interstate. Live in PA, bought in NY.
Car was titled in NY.
I paid no sales tax. NY Dealer handled me title, I handed him cash.
I also paid for a temp 30 day tag, and had to pay a $20 BS permit fee to legally drive an unregistered vehicle in NY state

Upon return to PA, I went to a notary, paid their fees & PA Sales Tax due. (6% of Vehicle Price I paid)
They processed paperwork, I got a PA Plate.
I received PA Title via mail about 2 weeks later.

to the OP:
if NY operates like PA does -

The NJ dealer should not have charged you sales tax.
That tax will have to be paid by you to NY state when you register it.
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Old 05-03-2015, 09:27 PM
 
7 posts, read 17,887 times
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Quote:
Originally Posted by Wells5 View Post
I think that you may have been scammed. Did you pay the dealer in cash? Did you accompany him to the auction office while he paid for the car and did you see a receipt change hands at the time of payment? I believe that only the New Jersey Motor Vehicle Commission can issue an official title, not the dealer.
I paid with a personal check, I didn't accompany him to the auction office but I think he must have paid for the car otherwise we couldn't be able to drive the car out of the auction. at the auction exit there was a security check point he showed them a receipt and they let us drive out.
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Old 05-03-2015, 09:39 PM
 
7 posts, read 17,887 times
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Quote:
Originally Posted by draketrutta View Post
Since it was a leased car, there is no telling which state the title was originally filed.

Since she lives in NY - the car she purchased should be titled by NY State MV.

I bought used cars in the past interstate. Live in PA, bought in NY.
Car was titled in NY.
I paid no sales tax. NY Dealer handled me title, I handed him cash.
I also paid for a temp 30 day tag, and had to pay a $20 BS permit fee to legally drive an unregistered vehicle in NY state

Upon return to PA, I went to a notary, paid their fees & PA Sales Tax due. (6% of Vehicle Price I paid)
They processed paperwork, I got a PA Plate.
I received PA Title via mail about 2 weeks later.

to the OP:
if NY operates like PA does -

The NJ dealer should not have charged you sales tax.
That tax will have to be paid by you to NY state when you register it.
according to carfax the car was titled as a personal lease vehicle in NJ. I checked the Autocheck history today and there is an update on the title on 04/29, I don't know what it means it just says ''DMV Title #xxxxxxxxxx"

could this mean that there was a lean on the title and the seller had to take the title to the DMV to get the lean removed and get a new title?

and no, the dealer did not charge me any tax, he said after I get the title I will go to the NY DMV, pay the tax and get the car registered in my name.
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Old 05-04-2015, 05:05 AM
 
190 posts, read 241,812 times
Reputation: 350
Sounds like everything is kosher.

The lien payoff added an extra step to the title process. Sounds like you just verified it via Autocheck.

You just need to be patient for another week or so.

You can call the dealer guy you know and get another temp tag if driving with an expired one makes you feel uncomfortable.
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