Car puchasing fiasco

[Bubbleebit]

What is the name of your state (only U.S. law)? Texas
My 18 year old son is attending college and purchased a car on Craig's list. He got a bill of sale and the title. The guy he bought it from told him there was no hurry in getting the title transferred because he still had insurance on it for a while and the tags were good. The guy didn't sign the title, but my son didn't notice that at the time. I didn't realize that my son hadn't gotten the car registered in his name until the guy came by my house (my son's registered address but he lives at college) and said he had issues getting his license renewed because my son had received a ticket in the car and it hadn't been paid for. Then the guy tells me he had the title changed into his wife's name so he could take care of his fees. I apologized, paid the guy an additional $400 (costs he told me he had to pay) for his trouble and said we'd take care of it right away. Told him as soon as he got the new title in to let me know and we'd get it transferred. He finally called me a couple of weeks ago and told me he'd gotten the new title but wanted to meet me at the courthouse the next day to transfer the title. He lives over an hour away from me and I had to work. I told him my son was out of town and its his truck so I would have my son contact him when he got back into town for school and they could take care of it. My son just got home to start school this week. Came home to visit me this weekend and when we got home last night his truck had disappeared. There was a note from a tow truck. We called and he had repossessed the truck and taken it back to the other guy who showed him he had the title. We called the guy and now he wants three times more money than my son originally paid for the car.
I know my son was wrong to not get the car registered right away. But what is his legal right to get his truck back without paying this guy more money??? We struggle for every dime we have and my husband is going without transportation so we could get that car for my son for school. PLEASE help.

 

[justalayman]

the first thing I would do is call the police. The guy sold the car. Transferring the title into his wifes name is one of a couple different crimes if it was with the intent to deprive your son of the vehicle, which has proven to be the case.

 

[OHRoadwarrior]

Ditto. Documentation makes it clear he sold the truck and is now attempting to defraud your son.

 

[latigo]

I have a suggested solution, but first I don't think the jerk ever showed a title to the repo guy with his wife's name on it. Not if it is true as you write that at the time of the sale he delivered both a bill of sale and the title to your. Because in order to do so he'd need to have first obtained a replacement from DMV by falsely representing that the original was lost. And then have endorsed the replacement over to is wife with her applying for a new title in her name. All of which would have consumed a great deal of time and more mental effort than that this a-hole is capable of. Not to mention in doing so he would have committed perjury, a serious felony.

But I would be promptly checking DMV records to find out if it did occur and the present status of their records. AND inquire of DMV whether or not the bill of sale and having the physical possession of the title would be adequate to make application for reissuing the title in your son's name.

There isn't any question in my mind but that the repo was unlawful and amounted to theft. As a civil remedy I suggest that you speak with an attorney about suing for replevin of the vehicle or in the alternative for its market value a the time it was taken.

 

[latigo]

What is the name of your state (only U.S. law)? Texas
My 18 year old son is attending college and purchased a car on Craig's list. He got a bill of sale and the title. The guy he bought it from told him there was no hurry in getting the title transferred because he still had insurance on it for a while and the tags were good. The guy didn't sign the title, but my son didn't notice that at the time. I didn't realize that my son hadn't gotten the car registered in his name until the guy came by my house (my son's registered address but he lives at college) and said he had issues getting his license renewed because my son had received a ticket in the car and it hadn't been paid for. Then the guy tells me he had the title changed into his wife's name so he could take care of his fees. I apologized, paid the guy an additional $400 (costs he told me he had to pay) for his trouble and said we'd take care of it right away. Told him as soon as he got the new title in to let me know and we'd get it transferred. He finally called me a couple of weeks ago and told me he'd gotten the new title but wanted to meet me at the courthouse the next day to transfer the title. He lives over an hour away from me and I had to work. I told him my son was out of town and its his truck so I would have my son contact him when he got back into town for school and they could take care of it. My son just got home to start school this week. Came home to visit me this weekend and when we got home last night his truck had disappeared. There was a note from a tow truck. We called and he had repossessed the truck and taken it back to the other guy who showed him he had the title. We called the guy and now he wants three times more money than my son originally paid for the car.
I know my son was wrong to not get the car registered right away. But what is his legal right to get his truck back without paying this guy more money??? We struggle for every dime we have and my husband is going without transportation so we could get that car for my son for school. PLEASE help.

I need to add that it is essential that your son sue not only the seller but join as defendants the towing company and their employee that hauled it away. Your attorney will explain why.