What is the name of your state (only U.S. law)? West Virginia
Almost a year ago, my husband and I purchased a Polaris Rzr, referred to as a UTV, from an individual. This purchase was financed through a local credit union. At the time of purchase, we were led to believe that all documents were in order and that the UTV had a valid WV title. The loan representative at the credit union had all documentation prior to finalizing the loan documents and notarized what we believed was a valid title. It was not. What we actually received was a Certificate of Origin (COE) from a neighboring state from the original owner's purchase from a dealership. We had no idea that there were any problems until we went to the DMV to transfer the title, pay sales tax, and register the UTV. To date, we have been unable to get a resolution from the original owner. We have since learned the following:
It is illegal in the state of WV to sell a UTV without a title.
We are unable to obtain a title because the original owner did not pay the sales tax on the original purchase price and obtain a title from the COE. (This was a "loophole" due to the fact that the original owner paid cash in full from an out-of-state dealership.)
I have called several local attorneys that advertise title law; none have been able to offer me a solution.
I contacted the local magistrate court and was told that the value of the UTV or the associated unpaid taxes by the original party were above their monetary limits and that I would need to contact circuit court.
An attorney from a surrounding county explained the law, i.e. it is illegal for someone to sell a UTV in the state of WV without a title; and suggested that I contact my local law enforcement or else file a claim in my local circuit court.
I have contacted my local city police department twice; once I was told that it was a civil matter and must be handled in magistrate court, the second time that I simply needed to go to the DMV and secure a llist of forms, such as a VIN verification, and that there was no reason I would have trouble obtaining a title.*
*When I attempted this at the DMV, I was told that the officer who suggested this was mistaken as this procedure is only accurate for boats and trailers, not ATVs or UTVs.
I have contacted the WV State Police and was told that while selling a UTV in the state of WV without a title is illegal, it is not typically something that is enforced by law enforcement.
I have contacted my county sheriff department; I was told by multiple sources that this was the city jurisdiction and that I needed to contact the city police department, I was then told that it was a civil matter and needed to be handled through magistrate court, and then told to try circuit court, and lastly told that while it was an unfortunate situation there was no "proof of intent" on the seller's part to commit a crime and that the sheriff's department would look into the problem and contact me at a later date. I'm still waiting. I've left numerous messages asking for a response.
I have contacted circuit court and been informed that I would need an attorney to assist me in the matter because they do not handle individual cases.
I have contacted the credit union and was told that there was clearly an error on the loan agent's part; however, that was an "oops" and that there was nothing they could do for me.
I faced repossession from the credit union due to my inability to provide them with a title. Thankfully, the credit union did not follow through with the repossession but did re-structure our loan, which changed our loan terms and increased our monthly payment. Obtaining insurance on a non-titled UTV proved difficult, costing us an additional $1000 on the loan for bank-assigned insurance. To date, we still have no title. Please help.
Almost a year ago, my husband and I purchased a Polaris Rzr, referred to as a UTV, from an individual. This purchase was financed through a local credit union. At the time of purchase, we were led to believe that all documents were in order and that the UTV had a valid WV title. The loan representative at the credit union had all documentation prior to finalizing the loan documents and notarized what we believed was a valid title. It was not. What we actually received was a Certificate of Origin (COE) from a neighboring state from the original owner's purchase from a dealership. We had no idea that there were any problems until we went to the DMV to transfer the title, pay sales tax, and register the UTV. To date, we have been unable to get a resolution from the original owner. We have since learned the following:
It is illegal in the state of WV to sell a UTV without a title.
We are unable to obtain a title because the original owner did not pay the sales tax on the original purchase price and obtain a title from the COE. (This was a "loophole" due to the fact that the original owner paid cash in full from an out-of-state dealership.)
I have called several local attorneys that advertise title law; none have been able to offer me a solution.
I contacted the local magistrate court and was told that the value of the UTV or the associated unpaid taxes by the original party were above their monetary limits and that I would need to contact circuit court.
An attorney from a surrounding county explained the law, i.e. it is illegal for someone to sell a UTV in the state of WV without a title; and suggested that I contact my local law enforcement or else file a claim in my local circuit court.
I have contacted my local city police department twice; once I was told that it was a civil matter and must be handled in magistrate court, the second time that I simply needed to go to the DMV and secure a llist of forms, such as a VIN verification, and that there was no reason I would have trouble obtaining a title.*
*When I attempted this at the DMV, I was told that the officer who suggested this was mistaken as this procedure is only accurate for boats and trailers, not ATVs or UTVs.
I have contacted the WV State Police and was told that while selling a UTV in the state of WV without a title is illegal, it is not typically something that is enforced by law enforcement.
I have contacted my county sheriff department; I was told by multiple sources that this was the city jurisdiction and that I needed to contact the city police department, I was then told that it was a civil matter and needed to be handled through magistrate court, and then told to try circuit court, and lastly told that while it was an unfortunate situation there was no "proof of intent" on the seller's part to commit a crime and that the sheriff's department would look into the problem and contact me at a later date. I'm still waiting. I've left numerous messages asking for a response.
I have contacted circuit court and been informed that I would need an attorney to assist me in the matter because they do not handle individual cases.
I have contacted the credit union and was told that there was clearly an error on the loan agent's part; however, that was an "oops" and that there was nothing they could do for me.
I faced repossession from the credit union due to my inability to provide them with a title. Thankfully, the credit union did not follow through with the repossession but did re-structure our loan, which changed our loan terms and increased our monthly payment. Obtaining insurance on a non-titled UTV proved difficult, costing us an additional $1000 on the loan for bank-assigned insurance. To date, we still have no title. Please help.
