So I might sell my car tomorrow...

oiprocs

Diamond Member
Jun 20, 2001
3,780
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...and I want to know if I can send in the title myself. I know I'm required (CA) to fill out the release of liability form and mail that in, but I want the potential buyer to fill out the back of title as the new owner, and I want to mail it in.

The reason for this is that the last time I sold a car, the guy who bought it from me never registered the car under his name. He then began to accumulate many parking tickets, ~10 or 11. I started receiving these past due tickets in the mail and I had to go through the process of getting the DMV to mail me a copy of the liability form I sent in, then going to the downtown parking station and explaining the situation. It took about 6 weeks to get the whole thing taken care of.

Cliffs:
Possibly selling car
Want to retain title and mail it in myself
Last time I sold car buyer never registered so I got his parking tickets
 

dudeman007

Diamond Member
Apr 6, 2004
3,243
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Are you registered with the AAA? They will do all of this for you if you are a member. On top of this...I'm not sure about the whole registering thing. As a buyer I'd feel somewhat uncomfortable letting someone I just met handle the transition of my newly acquired vehicle.
 

oiprocs

Diamond Member
Jun 20, 2001
3,780
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I'm into XXX, not AAA. :p

Yeah, that's the part that gets me. I don't really think many people are going to say "yeah sure keep the title, as long as I've got the keys it's cool".

Well I'll just have to trust that I had a rotten plum that one time.
 

jagec

Lifer
Apr 30, 2004
24,442
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Considering the buyer probably won't "mail in" the title, but carry it to the DMV, it's simply not going to happen. I know that I would never dream of buying a car unless I drove away with the title in hand.

When you send in your proof of sale (online or mail), they SHOULD stop sending you anything having to do with the car.
 

oiprocs

Diamond Member
Jun 20, 2001
3,780
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Well, they definitely SHOULD, but on the title it says "To remove your name from DMV's records, the new owner must apply for transfer using the endorsed certificate of ownership (title) received from you."

I guess I figured out just what happens when your name isn't removed. :p
 

thomsbrain

Lifer
Dec 4, 2001
18,148
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Yeah, in CA the car remains yours until the buyer registers it. Complete bull in my book. But two things you can do are to accompany the buyer to the DMV (or even do the sale in the DMV parking lot!), and I've heard of people removing the license plates to force the buyer to register and get new plates so they don't get pulled over.
 

Squisher

Lifer
Aug 17, 2000
21,204
66
91
It is actually law in Michigan that you have to have the buyer fill in their part and have a copy made for your records.

 

dudeman007

Diamond Member
Apr 6, 2004
3,243
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Originally posted by: jagec
Considering the buyer probably won't "mail in" the title, but carry it to the DMV, it's simply not going to happen. I know that I would never dream of buying a car unless I drove away with the title in hand.

Bingo. Unless you want to drive to the DMV and make sure they do it, it's probably not gonna happen. Actually...it's just not gonna happen.
 

Demon-Xanth

Lifer
Feb 15, 2000
20,551
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The release of liability should cover you in the case of parking tickets. I mean, that's what it's for!
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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81
Just an FYI, the car is still your responsibility until it's registered by the new owners.
 
Feb 6, 2007
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Is there a way you can check to see whose name the title is in? I know Carfax reports will tell you when a title changes hands, though they won't say to who. Sell the car, give the new owner the title, but tell them if they don't transfer the title into their name, you'll reclaim the vehicle. It's legally yours if they don't transfer the title name, and then you can just sell it again. It's an empty threat for the most part, but it will make most people fill out the necessary paperwork in a hurry.

-EDIT- Oh, and I don't know about other states, but Oregon has a Bill of Sale form for sellers. It's not required (unlike filling out the back of the title and applying for a new one when ownership is transferred), but if you submit the bill of sale paperwork, then you release interest in the car, so even if the new owner is a deadbeat, the tickets won't come back on you.
 

Dunbar

Platinum Member
Feb 19, 2001
2,041
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Originally posted by: Atomic Playboy
Sell the car, give the new owner the title, but tell them if they don't transfer the title into their name, you'll reclaim the vehicle. It's legally yours if they don't transfer the title name, and then you can just sell it again. It's an empty threat for the most part, but it will make most people fill out the necessary paperwork in a hurry.

There's some good advice, lie to the buyer and hope they don't see through it. You can't "legally reclaim" the car because the buyer didn't register the car, there's no breach of contract. The sellers only responsibility is to send in the release of liability within 5 days which notifies the state of the transfer of ownership.

Plus, I bought a used car (in CA) and financed it, never even saw the title until I paid it off 2 years later. It didn't cause any issues with vehicle registration. The registration carries over with the car and is "paid up" until whenever yours was going to expire.
 

Dunbar

Platinum Member
Feb 19, 2001
2,041
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Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

You should see the pictures of his bedroom, I think he is 12.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: Dunbar
Originally posted by: Atomic Playboy
Sell the car, give the new owner the title, but tell them if they don't transfer the title into their name, you'll reclaim the vehicle. It's legally yours if they don't transfer the title name, and then you can just sell it again. It's an empty threat for the most part, but it will make most people fill out the necessary paperwork in a hurry.

There's some good advice, lie to the buyer and hope they don't see through it. You can't "legally reclaim" the car because the buyer didn't register the car, there's no breach of contract. The sellers only responsibility is to send in the release of liability within 5 days which notifies the state of the transfer of ownership.

Plus, I bought a used car (in CA) and financed it, never even saw the title until I paid it off 2 years later. It didn't cause any issues with vehicle registration. The registration carries over with the car and is "paid up" until whenever yours was going to expire.

The main problem with the new buyer not registering it is should they have provided false credentials and go and kill someone with your vehicle or just park it somewhere and get it towed...you are responsible.

This happens alot with 'cheap' cars. The criminal pays cash, takes the car and commits a crime. The original owner is on record.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,046
549
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Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:
 

Dunbar

Platinum Member
Feb 19, 2001
2,041
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0
Originally posted by: waffleironhead

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

The lending institution typically holds onto the title until they are paid in full. It's kind of hard to drive away with the title in hand in that situation.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,046
549
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Originally posted by: Dunbar
Originally posted by: waffleironhead

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

The lending institution typically holds onto the title until they are paid in full. It's kind of hard to drive away with the title in hand in that situation.[/q

I do know that, having dealt with it before. In that instance you are driving away with the title. You meet the seller at their bank with your money and go in toghether, you pay the lender and they give you the title.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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81
Originally posted by: waffleironhead
Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

Cashier's check and a sale's contract is how you do it.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,046
549
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Originally posted by: alkemyst
Originally posted by: waffleironhead
Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

Cashier's check and a sale's contract is how you do it.

Cashiers check to whom? the bank? Thats the only way I would do it. Maybe you are all too trusting or i am too paranoid, but no bank is going to release the title to me without their loan being paid off. Seller cashes check and blows it without paying the bank loan=no car title for you, sales contract or not.
 

hanoverphist

Diamond Member
Dec 7, 2006
9,867
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Originally posted by: oiprocs
Well, they definitely SHOULD, but on the title it says "To remove your name from DMV's records, the new owner must apply for transfer using the endorsed certificate of ownership (title) received from you."

I guess I figured out just what happens when your name isn't removed. :p

i got blamed for 2 hit and runs after selling a car. luckily i had a notarized contract that proved i didnt have the car anymore. i also had the guys real info, so they arrested him pretty quickly. herer in az we can keep our plates so that problem is pretty much gone now. sell car, keep plate. they cant get around town too long without getting that new plate on it.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: waffleironhead
Originally posted by: alkemyst
Originally posted by: waffleironhead
Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

Cashier's check and a sale's contract is how you do it.

Cashiers check to whom? the bank? Thats the only way I would do it. Maybe you are all too trusting or i am too paranoid, but no bank is going to release the title to me without their loan being paid off. Seller cashes check and blows it without paying the bank loan=no car title for you, sales contract or not.

Are you old enough to own a car yet? You would pay the bank, and then the difference to the other party.

People have been buying and selling cars for a long time.
 

waffleironhead

Diamond Member
Aug 10, 2005
7,046
549
136
Originally posted by: alkemyst
Originally posted by: waffleironhead
Originally posted by: alkemyst
Originally posted by: waffleironhead
Originally posted by: Dunbar
Originally posted by: jagec
I know that I would never dream of buying a car unless I drove away with the title in hand.

You've obviously never bought a car from someone who was leasing or financing it.

1#You have bought a car from someone who had a lien on in and just gave them cash and drove away? :confused:

Cashier's check and a sale's contract is how you do it.

Cashiers check to whom? the bank? Thats the only way I would do it. Maybe you are all too trusting or i am too paranoid, but no bank is going to release the title to me without their loan being paid off. Seller cashes check and blows it without paying the bank loan=no car title for you, sales contract or not.

Are you old enough to own a car yet? You would pay the bank, and then the difference to the other party.

People have been buying and selling cars for a long time.

Due to your comment you obviously have not been following the thread then.:roll: