Buying my 97 back! - DodgeIntrepid.Net Forums - Dodge Intrepid, Concorde, 300m and Eagle Vision chat
 
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post #1 of 14 (permalink) Old 10-21-2008, 10:20 PM Thread Starter
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Buying my 97 back!

I sold my Trep back in August, now I get a letter from a towing company saying they have my car (the platinum baby in my sig)
Turns out the guy I sold it to never registered it, so I am technically still the owner. In fact he never even moved it out of the parking spot I left it in when I dropped it off for him. I guess apartment complexes don't like cars with no plates sitting in their parking lot for six weeks, so they towed it.
Today I explained all this to the towing place, and apparently this happens all the time
So the owner of the towing place says I can either surrender the title to him to get the debt off of me (I went and got a duplicate title this morning) or he'll sell the car to me for $300, rather than (or possibly in addition to) trying to collect $750+ in towing & storage charges from the deadbeat who obviously isn't going to show up.

So I'm sold! I just have one question - what do I need to do to cover my ass, legally? In case the guy does eventually try to get it back?
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post #2 of 14 (permalink) Old 10-22-2008, 12:31 AM
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we had a situation like this, dmv told my dad that since there was a signed title out there for the vehicle that we couldn't reclaim it.

however since the tow truck guy is willin to sell it back to you, go that way, thus you'll have a bill of sale.
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post #3 of 14 (permalink) Old 10-22-2008, 12:36 AM Thread Starter
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That's the thing, if they don't sell it to me they're just going to sell it at auction, so what's the difference right?

So all I need is a bill of sale from the towing place?
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post #4 of 14 (permalink) Old 10-22-2008, 12:38 AM
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this is why you are supposed to go to the dmv with the buyer.
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post #5 of 14 (permalink) Old 10-22-2008, 08:45 AM
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Certainly get a bill of sale, and possibly a letter from the towing company explaining when & how they came to tow the car. The front office of the apartment complex might also type something up for you, stating that they considered the car abandoned. Doesn't seem like the guy you sold the car to is all that interested, otherwise he would have tracked it down himself by now. For $300, you really can't lose. I would assume the other guy has a set of keys to the car. Might want to look into somehow swapping out the door and ignition cylinders, just to be on the safe side.
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post #6 of 14 (permalink) Old 10-22-2008, 09:49 AM
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If the guy has a asigned parking place paid for buy his rent ... How can they have it towed.

I'm assuming he was using more than one spot then!

If you have the paperwork from the towing co then it should be the same as from the auction!
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post #7 of 14 (permalink) Old 10-22-2008, 11:20 AM Thread Starter
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So what happens if the guy takes in the original title & bill of sale from my August sale into the DMV and tries to register it, say, six months from now?
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post #8 of 14 (permalink) Old 10-22-2008, 01:34 PM
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You'll have to register the car in your name so once its registered I don't think he can come back on you with older signed registrations. I'd call the DMV if I was you.
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post #9 of 14 (permalink) Old 10-22-2008, 02:16 PM
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Quote:
Originally Posted by gn300 View Post
If the guy has a asigned parking place paid for buy his rent ... How can they have it towed.

I'm assuming he was using more than one spot then!

If you have the paperwork from the towing co then it should be the same as from the auction!
It's their property. Just because you're paying to be there doesn't give you the right to pile up junk there. Most likely, there's a stipulation in the lease that states all vehicles in the parking lots must be currently registered and driveable. When we were renting, i called the front office on a car that was obviously not in good working order. Mostly b/c it was taking up a good parking spot close to the building, but also as an eye sore. Dirty, interior filled with old newspapers, and the thing had 3 flat tires. Pretty easy call.
I would definately hit the DMV and speak to someone there about the conditions you're facing. They may be able to flag your account so if he does try to register it, he'll be blocked.
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post #10 of 14 (permalink) Old 10-22-2008, 02:30 PM
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You could also try and contact the guy you sold it to to find out what he wants to do, maybe he will surrender the tiitle if you present him a bill from the towing company for $750
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post #11 of 14 (permalink) Old 10-22-2008, 02:31 PM
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Quote:
Originally Posted by infoDrone View Post
So what happens if the guy takes in the original title & bill of sale from my August sale into the DMV and tries to register it, say, six months from now?
They WILL issue a new registration and tags!

I had to wait a few months to register my old SE becuase the DMV in VT wanted to verify the vin, car wasnt running and was located in MA.

Once the DMV says he owns it, you would have to take him to small claims court to recover the cost of recovery. You did sign the title.

If the tow company files the paperwork and takes ownership of the car they can then sell it to you.They notify the abandonement to the DMV, something like 30 days go by and if unclaimed the dmv will issue a new title to the Tow company. If you just pay the fee's then you could be jammed up if he wants to take it back, reciepts or not.

I just went threw this with some bonehead in VT, although laws in your state may vary.
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post #12 of 14 (permalink) Old 10-22-2008, 02:33 PM
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what about you telling the dmv that the vehicle was sold already and signing the release of liability form? I just sold my old truck to some guy and had to inform the dmv within 5 days that the vehicle was sold and all the new owners info...plus gave the dmv the release of liability form incase the guy crashes it into a building and runs they don't think it's my truck still. No way should you still be the owner if the vehicle was sold properly in the first place. sounds shady
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post #13 of 14 (permalink) Old 10-22-2008, 04:38 PM Thread Starter
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Quote:
Originally Posted by Project4.0 View Post
I just went threw this with some bonehead in VT, although laws in your state may vary.
I just called the DMV over lunch. Apparently in Nebraska a duplicate title supersedes all previous titles - so the fact that the original title indicates a transfer of ownership is meaningless.

So, I don't know what would prevent some unscrupulous person from getting a duplicate title immediately after selling the car. They said there's no grace period or anything.
In my case it has been over two months so it's not like I'm screwing the guy over on purpose.

And I don't think it would even be a bill of sale from the towing place, since I still have the title. More like a Release Of Lien or something.
Something still doesn't seem right, though.

A couple of guys I work with know the guy, so I heard the story. I guess he just watched them tow it out of his lot, then went to the office to see where it went, and they told him where it got towed to. This happened on the first of October, I guess they had left a notice/warning on the car for two weeks beforehand. And I guess he just didn't care, or couldn't afford the $200 fee (at the time) because the tower says they haven't heard from anyone else but me.
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post #14 of 14 (permalink) Old 10-25-2008, 09:57 PM
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You would be wise to let the tow company claim the title legally and then transfer it to you. Even if legally it's not fully required, it could save you a headache or two.
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