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  #21  
Old 09/27/13, 07:43 AM
 
Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
Quote:
Originally Posted by Fire-Man View Post
Someone wanted to buy our used car yesterday and insisted that we ONLY sign the title, not fill it out or date it. Told us we can do a bill of sale---I give them their money back and told them to leave---refused to sell it to them. Figured they were up to doing something illegal. While I was getting the paperwork with the woman, found out her Man put a tag on the car---he had to take it back off when I refused to sell it------found this out when I went back in the yard-----running them off.

Would it be illegal to just sign it without filling it out with the new owners name.
Perhaps you did the right thing because of the plate issue. It is however common to do the title as he suggested. They know someone who will notarize it for them. It really comes down to a convince for both parties. Otherwise to be strictly legal you have to sign the title in front of a public notary. Even a bill of sale needs to have a notary these days. A bill of sale is all that is necessary to prove and transfer ownership. The legal title is only proof the state actually owns the property. You begin paying them rent every year on it. This way they can feed the lazy and become the father (provider of the family).
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  #22  
Old 09/27/13, 07:45 AM
 
Join Date: Dec 2009
Location: Oklahoma
Posts: 3,116
Quote:
Originally Posted by TMTex View Post
Legal or not, if you sold the car to them and they didn't send the title in for update, you'd be responsible for any tolls, parking tickets and photo enforced tickets that they incur.

You made the right choice.
No sir. Just present the bill of sale.
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  #23  
Old 09/27/13, 08:10 AM
Alice In TX/MO's Avatar
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Join Date: May 2002
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Easier to avoid the hassle and do it right or don't do it at all.
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  #24  
Old 09/27/13, 08:11 AM
wy_white_wolf's Avatar
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Join Date: Oct 2004
Location: Wyoming
Posts: 5,530
Some want the buyers info left open so they can resell the car without paying the title transfer fees and sales tax.

You did the right thing in not selling it under those requirements.

WWW
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  #25  
Old 09/27/13, 08:22 AM
 
Join Date: Aug 2013
Location: Essex/Tecumseh ON Canada
Posts: 179
This is done all the time here. It is so they can quickly fix and sell the car to someone else without going thru the sales tax and registration process twice. We just give a receipt. The problem is, if the car is not sold right away, the new owners might come looking for you for a signature. Not a big deal, just weird.
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  #26  
Old 09/27/13, 09:47 AM
 
Join Date: Mar 2013
Location: Lehigh County, Pa.
Posts: 916
Whenever I sold a car I went to a local AAA office with the buyer and had the title transfered right there - that way there is a record of the trasfer =
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  #27  
Old 09/27/13, 10:38 AM
watcher's Avatar
de oppresso liber
 
Join Date: Sep 2006
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Quote:
Originally Posted by am1too View Post
No sir. Just present the bill of sale.
Again unless the BoS is notarized to the courts its just a piece of paper, not a legal document.
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  #28  
Old 09/27/13, 11:14 AM
 
Join Date: Mar 2005
Location: North of Omaha, on the banks of the 'Muddy Mo'
Posts: 890
I am going to point out the obvious. Even if the paperwork in 100% correct, until the new owner registers and/or titles the vehicle, the old owner is still the legal owner of record. Any municipality that will hold someone responsible for the actions of anyone else someone else isn't a place that I will to reside in.
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  #29  
Old 09/27/13, 11:27 AM
 
Join Date: Aug 2006
Posts: 60
You take the money, they own the car. What they do after that isn't your concern.

If they want to cheat the tax man so what? Tax man don't kiss back when he cheats you!
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  #30  
Old 09/27/13, 11:59 AM
Banned
 
Join Date: Aug 2013
Location: Tennesee foot hills !
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Sign it and hand it over , make them sign and date a bill of sale as is where is which you keep and give them a copy and forget about it , I'd be willing to bet that many who say don't do it fudge a little on their own taxes themselves .nobody is perfect and who cares when they register it or for how much it's a done deal as soon as they leave your property . Never sell anything without CASH in your hand and then stuff your pillow with it .
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  #31  
Old 09/27/13, 12:07 PM
 
Join Date: Jul 2006
Location: N E Washington State
Posts: 4,605
Here you can do the transfer on your computer. I sold my car to a boy who was buying his first car. His Dad was very careful to get everything right and asked me if I'd transfer it on the computer. That way he could get his plates the next morning without hassle.
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  #32  
Old 09/27/13, 12:51 PM
Banned
 
Join Date: Mar 2005
Location: Dwelling in the state of Confusion - but just passing thru...
Posts: 8,092
I hate to be the proverbial bearer of bad news . . .

but there are some serious preconceived ideas displayed within your thread,
that could come back to haunt you later. Primarily having to do with your mistaken
belief, that just because you didn't travel that much thru Austin, you were relatively
safe from their warrants and arrest. Newsflash! Other communities
(especially those bordering the jurisdiction in question) have reciprocal agreements
that deal with those who are 'caught' for municipal warrants involving a neighboring
gooberment entity. If you had ignored the warning in the mail from Austin (like many
would be prone to do, as they feel they will never go there) the possible liklihood of
it coming back to bite you doesn't necessarily decrease. All it takes is an officer in
a nearby and/or neighboring district, checking on wants/warrants, and you could have
been arrested and driven to the city border with Austin and then transferred to the
custody of one of their officers - or if that wasn't a possibility at the time, you would
be taken to their jail and await transfer by an Austin officer. Your vehicle would of course,
still have been impounded from the original location of the traffic stop.

Which now brings us to an even more important issue which you
earlier touched upon . . ."judging from Austin's ability to clear things up".

Notice that it took you twice to send in the necessary documents, to make the
warrants disappear. It should have only taken once . . . agreed? What makes
you think that it will stay that way in the future? Computers have 'glitches'
and people are human and seem to keep making mistakes. I've seen it over &
over again, in which someone paid their debt to society (fines or sat it out in jail)
only to be picked up a short time later for the EXACT SAME WARRANTS!!!

Not once, not twice, but THREE TIMES for one poor schmuck, before the idiots
in charge & supposidly running the "$y$tem" got the message to clean it up or else.

My advice, freely given as a former law enforcement officer, is for you and anyone
else finding themselves/friends/family members in a similar situation, to check
every 3-6 months to make sure that the problem has really been taken care of.

Wrote a LOT of tickets with those two police departments in Texas while there
and although it's been over 16 years since retiring from the last place, I'm quite
certain, that a number of people are still being picked up on those warrants when
they weren't taken care of as tickets. They won't get their 'day in court' now;
only an arrest, transported to the city jail and either pay the fine or do the time.


+ + + + + + + + + + + + +
Quote:
Originally Posted by TMTex View Post
About a year later, I got a bill from the City of Austin for unpaid parking tickets. When I called them, I found out they had a warrant out for my arrest over the tickets. Luckily, I'm not in their jurisdiction and don't have many reasons to go to Austin.

Following up a bit over a month later, I found that Austin still had the warrant out for my arrest. I resent the documents and they eventually rescinded the warrant.

If I had driven through (insert any other juridiction which shares boundaries with) Austin on my way to somewhere, (which happens from time to time due to work),
and got stopped by a cop there, I would have been arrested.

Judging from Austin's ability to clear things up . . .

Judging from my speeding ticket collection, I'm probably more likely to be pulled over than many folks out there.

Good thing I don't go through Austin that much.
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  #33  
Old 09/27/13, 03:06 PM
 
Join Date: Jun 2002
Posts: 5,240
Quote:
Originally Posted by Wendy View Post
Maybe it varies from state to state.
Well apparently. Here in the State of PA, you have to take your title to a notary (insurance company, AAA office), both parties have to be present to sign - the seller and the buyer, the buyer has to have proof of insurance, and it all has to be registered with the state.
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  #34  
Old 09/27/13, 05:24 PM
 
Join Date: Jan 2006
Location: E So Car
Posts: 433
You did the right thing. We sold a truck, filled out the title but didn't walk the buyer to the DMV to babysit while he got a new title. He wrecked the truck, using a stolen tag, ran from the accident, and the state troopers showed up looking for my husband. We had sent the transfer of ownership form to the DMV but the trooper said that didn't mean anything. Fortunately, a police officer saw the guy running from the truck and realized it wasn't my husband. I hardly trust anyone anymore.
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  #35  
Old 09/27/13, 11:14 PM
 
Join Date: Aug 2013
Location: Lent Twp MN
Posts: 76
More than likely they were planning to sell it for a profit and not have to pay taxes and registration. If they have a wreck while it is still registered to you, then you could be held responsible. Here in mn you have to fill out the bottom of the title and send it in. Another thing is make them fill out another bill of sale stating their name and address, that way you have proof you sold it with the date and retain it for yourself
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  #36  
Old 09/28/13, 06:36 AM
BigHenTinyBrain's Avatar  
Join Date: Apr 2013
Location: Maine
Posts: 521
In Maine you do not need to have the previous title, signed, dated or not, if the car is older than 1995. For a car of that vintage you only need the bill of sale.

As for attaching a tag before driving off- well, did you all expect them to drive a vehicle with NO tags home? You can't get tags until after you buy the car... since they were planning to buy it from you they must also have been planning to drive it away. Maybe not the best idea, but their risk and not yours.
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  #37  
Old 09/28/13, 09:56 AM
 
Join Date: Mar 2006
Location: Michigan's Thumb
Posts: 6,323
Interesting read about "Title Jumping"

http://www.pearl.com/question/guest/...5c4bc604028ccf
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  #38  
Old 09/28/13, 11:52 AM
ldc ldc is offline
 
Join Date: Oct 2006
Location: S. Louisiana
Posts: 2,278
To fire-man, in or about 1976 in New Jersey, I sold my 1958 Studebaker Cruiser, to a friend of my godfather's. Skip to 2001, when I was served with a warrant here in Louisiana, for $29,000 in outstanding parking and vehicular violations in Newark, NJ. Lack of payment within 72 hours would invoke jail time and more fines on top of the 29K. I found the bill of sale late the same night I was served, and saved myself a heap of trouble. The buyer had been running a delivery service in Newark, had never registered the car in his name, he'd died, his daughter had taken the "business" over from him, and the City of Newark, had finally had enough! Let's hear it for 50's Studebakers! Long life!
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  #39  
Old 09/28/13, 12:53 PM
watcher's Avatar
de oppresso liber
 
Join Date: Sep 2006
Posts: 13,948
Quote:
Originally Posted by Grumpy old man View Post
Sign it and hand it over , make them sign and date a bill of sale as is where is which you keep and give them a copy and forget about it , I'd be willing to bet that many who say don't do it fudge a little on their own taxes themselves .nobody is perfect and who cares when they register it or for how much it's a done deal as soon as they leave your property . Never sell anything without CASH in your hand and then stuff your pillow with it .
Again w/o a notarized (or legally witnessed) BoS if something happens you have next zero legal protection.

The guy buys your car and on the way home he crashes into a school bus, kills several kids but he manages to get away. The cops (and later processes servers) are going to show up at your house. You show them your bill of sale and they go talk to the guy. He could claim its not his signature or that you forced/tricked him to sign it AFTER the wreck then put a false date on it or that's not what he signed or a dozen other things. Either way you are going to have to prove you were neither the driver nor the legal owner of the car at the time.
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the police are just MINUTES away!

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  #40  
Old 09/28/13, 01:13 PM
ChristieAcres's Avatar
 
Join Date: Apr 2009
Location: Sequim WA
Posts: 6,352
After reading your post, Watcher, dating w/time sold and having a witness to a Bill of Sale wouldn't be a bad idea... Here in WA, Title is to be signed off/dated AND we have to report the Sale either via the website or snail mail. As a Seller, we have (5) days to get this done:

Make sure you have…
  • The date of the sale or transfer
  • The name and address of the person the vehicle was sold or transferred to
  • The vehicle ID number (VIN)
  • The vehicle license plate number
Years ago, we sold my Monte Carlo (I had the engine replaced when I bought it used, so it was fast...). This was before the Seller was required to notify the WA Dept of Licensing. We kept a copy of the Bill of Sale. After the Buyer took off with the car, we didn't really think about it one way or another. That was until we received a call from the Police about a high speed chase. Turns out, the Buyer was a criminal, but they finally got him pulled over (exceeding 120mph on the hwy in traffic...). After we told them of the sale and could present proof, we were asked if we would like to come get the car before it was impounded. Turns out, the guy never put it in his name. We declined due to having been paid for it. Additionally, the possible retribution from the guy's friends or family wouldn't have been worth it (we were told he would be in jail for a long time).
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