• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Purchased a car, seller gave me wrong title, now won't answer my calls!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

alexv

Junior Member
Indiana
I purchased a car, paid cash, I have the receipt and the title. When I went to get the cars title, I realized the title I had was not signed over to me. It was the title from when he bought the car from the previous seller and signed over to him. This was over a month ago, I have spoken to him only 3 times, he said he would mail me something. I have not heard from him since. He won't return my voicemails or e-mails and the license branches and no one will let me know anything with my car until this guy pays his taxes and title fees and signes to new one over to me.
I can't drive my car because I have no plates!!!
I don't know what to do at this point. Can I take him to small claims court for ownership of the car? I have the receipt that I paid for it, and his title he gave me.
 
Last edited:


SHORTY LONG

Senior Member
Indiana
I purchased a car, paid cash, I have the receipt and the title. When I went to get the cars title, I realized the title I had was not signed over to me. It was the title from when he bought the car from the previous seller and signed over to him. This was over a month ago, I have spoken to him only 3 times, he said he would mail me something. I have not heard from him since. He won't return my voicemails or e-mails and the license branches and no one will let me know anything with my car until this guy pays his taxes and title fees and signes to new one over to me.
I can't drive my car because I have no plates!!!
I don't know what to do at this point. Can I take him to small claims court for ownership of the car? I have the receipt that I paid for it, and his title he gave me.What is the name of your state?What is the name of your state?
Have you contacted your locale Auto Title Registration Department, Deputy Registry;
or your Department of Motor vehicles and inquire into what to do?
 

alexv

Junior Member
Yes, I have contacted the local BMV. They told me my only option was to get a power of attorney form and sign it on his behalf but I can't even get ahold of him to get that. They basically told me I have no choice but to get a hold of him.
 

BoredAtty

Member
As the DMV implied, in order to get the vehicle's title in your name, it's going to require action from the seller (whether it's signing a limited POA form, or signing over the title, etc.).

I would send him a letter explaining that part of his obligation pursuant to the sale was to furnish a good title (even if it was not spoken/written, it was implied), and that if you do not receive the title within 5 days, you will be forced to pursue all available legal remedies, including the filing of a lawsuit for breach of contract, in which case you'll seek judgment in an amount equal to what you paid for the vehicle.

If you do not get the title within a reasonable time after sending the letter, sue him in small claims if the amount is small enough. If not, then hire a lawyer to send the above letter, and then have the lawyer file suit (people generally move faster when prodded by an attorney anyway).
 

justalayman

Senior Member
As the DMV implied, in order to get the vehicle's title in your name, it's going to require action from the seller (whether it's signing a limited POA form, or signing over the title, etc.).

I would send him a letter explaining that part of his obligation pursuant to the sale was to furnish a good title (even if it was not spoken/written, it was implied), and that if you do not receive the title within 5 days, you will be forced to pursue all available legal remedies, including the filing of a lawsuit for breach of contract, in which case you'll seek judgment in an amount equal to what you paid for the vehicle.

If you do not get the title within a reasonable time after sending the letter, sue him in small claims if the amount is small enough. If not, then hire a lawyer to send the above letter, and then have the lawyer file suit (people generally move faster when prodded by an attorney anyway).
If I remember Indianas titles, OP will have to send in the current title and the seller will recive it in his name and then the seller can sing off of the title. it is not a quick process. I do not believe there is a process for a chain of sellers except for a dealerchip. (Could be wrong but I believe that is how it works in Hoosier land)

(just a picky point but Indiana call it the BMV (Bureau of Motor Vehicles) not the DMV)

Alex, do you know where this gut lives? If so, go there in person since he apparently is not going to take care of things in response to your phone calls. (just don;t get into a fight over something like this. it is never worth setting in jail over a car)
 
Last edited:

SHORTY LONG

Senior Member
That's EXACTLY what I was going to suggest.
Hum, I hope that this can mean great minds think a like. :)

OP, in addition to what BoredAtty shared, it would be wise to send your letter by way of the United States Postal Service Priority Mail
with a tracking number. Cost about $5.00 and you can go on line and track it. It normally takes 2 days before the receiver receives it,
and the US Mail will make several attempts to deliver it.
 
I believe dealers are the only ones that are not required to change the title with each sale (especially on out of state tiltes....exemption: on motorcyles). As long as they have the chain of sale, they can bypass changing the title. We bought a car once and had no way of contacting the owner (sold by a rep) and our option was to get a secured title (not sure if thats what it was called..something like that) from an insurance company and then wait it out a year. We were allowed to get plates and have it insured and all, so it turned out to work for us. We had to pay something like $50 to the insurance company. All we had was the bill of sale and old title. Next time, before you hand over the money, make sure you see the title and make sure it has been signed and notarized, over to you first... If its a legitimate sell, they will have the proper (clean) title.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top