Bought fifth wheele on consignment.Guy with title says he got no $ now he will repo

[lilyfairy]

What is the name of your state?ID

My sister-in-law Purchased a fifth wheele on consignment at a dealership in Illionoise. She paid $9600. She has all receipts of payments. When the final payment was made, she asked for the title, the guy couldn't find it. She then filed for a lost title, and some guy in California showed up having his name last on the title. She called him and explained that she had purchased this in Ill. and wanted to know if he could send her the title and sign it over to her since she had paid for it. He claims that he did have it for sale in Ill. but that he never recieved the Money from the dealership who was selling it for him. The guy who ran the dealership whom she paid the $9600 to, is now in jail serving time for fraud. She has not been able to contact him to find out if this guy in Cali did or did not recieve the money. The guy in Cali says he wants $5000 or the fifth wheele, and if he has to he will come and repo the fifth wheele.
Can he legally do that? What can she do to avoid this from happening? How can she get the fifth wheele in her name since she paid for it? She is willing to give the fifth wheel back if she gets her money back but the guy of course said no. What are her options, time is running out because this guy may be on his way to take it.
thank you for any advice

 

[Shelby6718]

Consignment sale...........

I'm not a lawyer but I am a licensed vehicle dealer. Most states when a dealer accepts a vehicle, or in your case a trailer , to sell on a consignment basis, there is a consignment agreement filled out between the seller and the dealer which stipulates basically the price of the item, the sales commission or seller's fee due the dealer upon completion of the sale plus whatever specific issues apply to a particular sale. This enables the dealer to handle the sale without ever having to transfer the "trailer" into the dealership name prior to transferring it to the seller. It can be transferred directly from the seller to the buyer. Now, it would be hard to conceive someone in Calif. leaving a trailer on a dealers lot in Ill. to be sold on consignment without some type of paperwork between them.
If this dealership was a legitimately licensed dealership, they were bonded. The first step would be to contact the DMV in Ill. and get connected to the department that handles dealer licensing and used vehicle sales. They have investigators to handle problems such as this. Even though you say the guy is in the slammer, if he was licensed when this went down, he had a dealer's bond to cover this type of thing. Either party, the seller or the buyer may have a claim against the bonding company to get their money. The seller, if the dealer ripped him off by selling it and not paying him, the buyer if the seller gets the trailer back and the buyer is out the money. Make sure the original contract, paid receipts, cancelled checks and any correspondense or documentation is available and in order. This is where I would start but if your concerned that someone is about to pull in a driveway, hook-up the trailer and drive off, your sister-in-law would probably do well to contact an attorney quickly.

 

[lilyfairy]

She needs a title

Thanks for the advice. She is wondering if somehow she can obtain a title. Either suing the guy in Cali, or the dealership in Ill. or some other way. Or would she just have to go to court prove her case and have the judge determine what will happen(title, money ...).
I did contact one lawyer and he seemed to think that if she has proof of payment in full then the police could be contacted and prevent th guy from taking it. So we are sure at this point that it would be illegal for him to repo, but she would just like to sell it now, she has had it for 2 years and no longer has use for it. But she needs a title in order to sell it, not to mention she needs to register it.
So does anyone know about posession being 9/10 of the law? She has owned it for 2 years paid for it in full , even still has the contract from the dealership, is their anyway to obtain a title?

Thanks again

 

[lilyfairy]

Please help

Please, is there anyone here who can help with some advice? She would really like some help on getting a title, but she doesn't have teh money for a lawyer. please someone shed some light on this matter......

 

[Shelby6718]

There are ways.........

I'm really not sure exactly how to get this done. I would contact the Ill. DMV, file a complaint for non-delivery of a title, explain the situation and see where it goes from there. To take the trailer, this guy has to find it. Perhaps it would be wise to park it in a gated storage facility or at a friends house until this is cleared up. She can't sell it without a title and the guy who has the title isn't willing to give it up without being paid. Catch 22. Something will have to be worked out so everybody involved is made whole. I don't think she can sue the owner from Calif. Her deal was not with him. Normally, if a dealer can't deliver a title, the buyer gets their money back minus depreation for the use of the vehicle. This is pretty unique with the guy in the slammer. I do think making a claim on his bond would be the easiest. The state of Ill can give you that information as to the name and address of his bonding company. Actually, it may be easier than you think.

 

[seniorjudge]

ou have been scammed.

Q: Can he legally do that?
A: Yes, he owns the vehicle.

Q: What can she do to avoid this from happening?
A: Pay the owner if she wants to buy it.

Q: How can she get the fifth wheele in her name since she paid for it?
A: Pay the owner if she wants to buy it.

Q: She is wondering if somehow she can obtain a title.
A: Not unless she pays the owner of the vehicle.

Q: Or would she just have to go to court prove her case and have the judge determine what will happen(title, money ...).
A: What would she say in court? I got scammed by John so I want Tom's vehicles?

Q: I did contact one lawyer and he seemed to think that if she has proof of payment in full then the police could be contacted and prevent th guy from taking it.
A: Your wife has no title; the CA guy has a title. Whom do you think the cops will believe?

Q: So we are sure at this point that it would be illegal for him to repo
A: Wrong.

Q: So does anyone know about posession being 9/10 of the law?
A: Yes, this is a very old urban legend that is meaningless.

Q: She has owned it for 2 years
A: No, she never owned it because she does not have the title nor did she have a contract with the owner.

I think the best advice from prior posters is trying to collect on the crook's bond.

Good luck.

 

[lilyfairy]

Bond?

What is a Bond? And how would she collect on it? And what do you mean by collect on it? Money back minus depreciation? Or something else?

By contacting the DMV in Ill. you think she might be able to get a title that way? or will they eventually find the guy in California owning the title. And if she goes to the DMV in Ill. should she tell them the whole story, or just that she paid and hasn't recieved a title?

Again thanks so much for your advice.

 

[seniorjudge]

Q: What is a Bond? And how would she collect on it? And what do you mean by collect on it? Money back minus depreciation? Or something else?

A: Someone in this thread thought that car dealers had to put up performance bonds. Contact the DMV in IL and see if this is true. If it is true, ask the DMV if your situation would result in you getting your money back.


Q: By contacting the DMV in Ill. you think she might be able to get a title that way?

A: No. Car ownership is determined by whose name is on the title. If the person on the title will not sign it over to you, then you cannot own it. If you hide the vehicles (as one poster suggested) you may be criminally liable for theft.


Q: or will they eventually find the guy in California owning the title.

A: They don't have to find anything; the guy in CA (according to your facts) already owns it.


Q: And if she goes to the DMV in Ill. should she tell them the whole story, or just that she paid and hasn't recieved a title?

A: She prior answers.