Weird situation/ question for you guys - Page 4 - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

NH 2012 SS/RS · 02-29-2016, 08:56 AM

I could be wrong but the way I see it is this,

People saying the car is still titled in his name and it's his car, fail to realize one thing.
When you trade in a car at a dealership, you give them the title (if it's paid and you have it).
If it sits on the lot for a day, a month or year, it does not get retitled untill someone buys it and registers it. Would you be leagal owner until it is retitled? what if stolen and hit someone? Are you liable?

If you sold it to a used car dealer, he could drive it on dealer plates without retitling or even registering forever…

Bottom line, you sold it its not yours.

90503 · 02-29-2016, 09:45 AM

In California there is a form called Release of Liability that you fill out and file with the state when you sell a car. It shows who bought it and the mileage. I have used this to get out of paying registration and fees that were sent to me by the state for a "sold" truck that the buyer never registered. You should also have copied the title with the buyers info on it and kept a copy of a bill of sale.

I wouldn't touch it...You never know what other legal problems could be tied in with that car...unpaid tickets...liability for an accident, etc....let them auction it off to recoup any money....whoever they auction it to will be the new owner. Sounds like the mechanic knows it's not really your car, he's fishing for money. And you should always know who is buying the car and put their name and addresses on any paperwork such as the title you signed over and a bill of sale...and keep a copy for your records...Even could go as far as ask to see their identification and take pictures of who drove off with the car.....Plus you sold it cash, that's ok, but leaves no trail of who bought it like a check would.

Buying cars and "flipping" them to someone else happens all the time. "it's not for me, it's a gift for someone else, I'll have the real owner put in his info later"...etc....When it doesn't happen, there's problems...

Good luck...

PROZ11 · 02-29-2016, 10:14 AM

Quote:

Originally Posted by CamaroC-17

So turns out the car is at a towing service and not a shop. It has no keys. So who knows why it was towed or what mechanical condition it is in. he told me good condition which I know now is purley visual. Also which bugged me is the guy refused to take pictures of it and send to me...lazy? Who knows

Are you sure this whole thing isn't a scam.??. Sounds fishy. They won't take pictures??. Are you sure they even have the car? I'd need some proof before I'd even worry or do anything about it.
.

rvadim76 · 02-29-2016, 10:39 AM

.....
Contact your State DMV (even online) and mark your car SOLD.
Don't touch that car - you may face a real pain in the a** from ANYWHERE you can't predict.
Consult your lawyer.

The bottom line is: you have been paid for that car and you should officially make that car SOLD (at DMV level). Period

mrvenicess · 02-29-2016, 10:46 AM

Many years ago a friend of mine sold his 69 vette to a guy that he knew. Two years later he got a similar letter saying if he didn't pay the money owing for repairs and storage the shop would auction it off. Turns out the guy he sold it to was a drug dealer who got in trouble with the law and fled the country and went back to eastern Europe without ever transferring the title. My friend paid off the mechanics lien and got the car back. No repercussions.

*mlee* · 02-29-2016, 10:46 AM

I would hope he has a Bill of Sale proving the transaction took place. I'd make a trip to the DMV and properly report it as sold.

My 5th · 02-29-2016, 01:33 PM

OP:
I'm not a lawyer (I just play one on TV), but I am experienced in liens and collection laws, so here's my two cents. You don't own the car, even though it's still in your name. but if you pay the $1,700 you assume the position of the mechanic's lien, and as long as you maintain physical possession of the car, it's "yours". As they say "...possession is nine-tenths of the law...". When it comes to creditors taking personal property it's generally "first in time, first in right", but whichever creditor first takes actual physical custody of the asset has the right to the asset--even if their lien arose after other creditor's liens. The mechanic's lien trumps even a title loan, as long as the mechanic maintains possession of the car. Get a lawyer's advice on the specifics in your case. Bummer that you have to incur costs to get/keep the car.

However, I wouldn't drive it until a judge rules you own it. Just store it and insure it against theft and vandalism. Maintain records of all costs incurred in getting the car, in case the original buyer tracks the car down and wants it back. He would have to reimburse you the $1,700 plus all other costs. I know storage costs could eat you alive after a while, but you can find storage facilities that could store a car for around $100 per month.

Blu Ray · 02-29-2016, 02:17 PM

Go get the Car....at this point your on the hook for the $1700

ghosted · 02-29-2016, 02:29 PM

Quote:

Originally Posted by Blu Ray

Go get the Car....at this point your on the hook for the $1700

No he's not. He legally sold the car and can prove it. He's not on the hook for anything.

Blu Ray · 02-29-2016, 02:32 PM

Quote:

Originally Posted by ghosted

No he's not. He legally sold the car and can prove it. He's not on the hook for anything.

According to the Shop he is the Owner on record and has an Outstanding Balance, If he wants to protect his name and credit rating he needs to go get the car. deal with the other stuff at a later time

two_wheel_mayhem · 02-29-2016, 06:32 PM

They won't send pictures because they aren't the homeless car relocation service, they are holding it hostage in fact and very much want to own it themselves.

At this point they could care less if it's claimed, they are sitting on a goldmine and they know it. From what has been said it sounds like they towed it in as an abandoned vehicle for whatever reason. It may be wrecked or broken down but it's worth way more than $1700 which is probably an inflated number. They charge like $30 per day storage.

The OP isn't liable for anything, contacting him was just a formality, this isn't a collections attempt it's a legal notice that hes about to lose claim to the car.

Like I said, if you plan to get this car your time is running out. You need to get to the BMV and get a replacement title, it's likely that it may need to be legally plated before it can leave as well.

CamaroC-17 · 03-01-2016, 11:49 AM

Deleted

Dmpsix · 03-01-2016, 11:52 AM

Quote:

Originally Posted by CamaroC-17

Here is the update. Talked to the lawyer and she said I'm good to get the car if we make sure there is not a title for it in Indiana. Which we are pretty sure there isn't. I'm going to drive to the office myself and ask. Also she said to have police present when opening the car in case something bad is in it... The bad news is there are not any keys to it. So we would have to tow it and have keys programmed for it and not even know if it runs until we do so

Glad that you cleared that up here with all the arm-chair Lawyers on this thread.

I wish you the very best and let's hope you can get your baby back! Keep providing us updates as well.

HuJass · 03-01-2016, 12:05 PM

Quote:

Originally Posted by CamaroC-17

Here is the update. Talked to the lawyer and she said I'm good to get the car if we make sure there is not a title for it in Indiana. Which we are pretty sure there isn't. I'm going to drive to the office myself and ask. Also she said to have police present when opening the car in case something bad is in it... The bad news is there are not any keys to it. So we would have to tow it and have keys programmed for it and not even know if it runs until we do so

What will you do/say if the guy (or his family) come looking for the car?
I mean, you DID take $18K from him in exchange for the car.
It's quite possible that he (or his family) have a bill of sale showing he purchased it from you.
How do you justify your actions if he comes looking?

Not baggin on you. just curious.

02-29-2016, 08:56 AM	#43
NH 2012 SS/RS Drives: 2012 2SS/RS L99 IBM Join Date: Jul 2012 Location: Goffstown, NH Posts: 664 View My Garage	I could be wrong but the way I see it is this, People saying the car is still titled in his name and it's his car, fail to realize one thing. When you trade in a car at a dealership, you give them the title (if it's paid and you have it). If it sits on the lot for a day, a month or year, it does not get retitled untill someone buys it and registers it. Would you be leagal owner until it is retitled? what if stolen and hit someone? Are you liable? If you sold it to a used car dealer, he could drive it on dealer plates without retitling or even registering forever… Bottom line, you sold it its not yours. __________________ 2SS/RS IBM * American Racing BLVD Wheels * 275/40 * 295/40 Toyo Proxes * Eibach 1" drop Springs * Elite Catch Can * CAI w/ scoop * CFD Carbon Fiber Pistol Grip Shifter w/ Tap Shift * APR Carbon Fiber Splitter * Sequential Tail Lights * MPD1 Spoiler * Hex Vents (CF dipped) * GFX Skirts * BBK SS Shorties * MBRP 3"Exhaust w/ X pipe * Solo Hi-Flow Cats *

02-29-2016, 09:45 AM	#44
90503 Drives: 2011 2SS/RS LS3 Join Date: Nov 2011 Location: Torrance Posts: 14,433	In California there is a form called Release of Liability that you fill out and file with the state when you sell a car. It shows who bought it and the mileage. I have used this to get out of paying registration and fees that were sent to me by the state for a "sold" truck that the buyer never registered. You should also have copied the title with the buyers info on it and kept a copy of a bill of sale. I wouldn't touch it...You never know what other legal problems could be tied in with that car...unpaid tickets...liability for an accident, etc....let them auction it off to recoup any money....whoever they auction it to will be the new owner. Sounds like the mechanic knows it's not really your car, he's fishing for money. And you should always know who is buying the car and put their name and addresses on any paperwork such as the title you signed over and a bill of sale...and keep a copy for your records...Even could go as far as ask to see their identification and take pictures of who drove off with the car.....Plus you sold it cash, that's ok, but leaves no trail of who bought it like a check would. Buying cars and "flipping" them to someone else happens all the time. "it's not for me, it's a gift for someone else, I'll have the real owner put in his info later"...etc....When it doesn't happen, there's problems... Good luck... Last edited by 90503; 02-29-2016 at 10:12 AM.

02-29-2016, 10:46 AM	#48
mlee CamaroFans.com Drives: ZLE & ZR2 Join Date: Oct 2008 Location: Conroe, TX Posts: 37,507 View My Garage	I would hope he has a Bill of Sale proving the transaction took place. I'd make a trip to the DMV and properly report it as sold. __________________

02-29-2016, 01:33 PM	#49
My 5th Drives: 2010 2SS/RS M6 Black on Black Join Date: Jan 2010 Location: Global Citizen Posts: 1,243	OP: I'm not a lawyer (I just play one on TV), but I am experienced in liens and collection laws, so here's my two cents. You don't own the car, even though it's still in your name. but if you pay the $1,700 you assume the position of the mechanic's lien, and as long as you maintain physical possession of the car, it's "yours". As they say "...possession is nine-tenths of the law...". When it comes to creditors taking personal property it's generally "first in time, first in right", but whichever creditor first takes actual physical custody of the asset has the right to the asset--even if their lien arose after other creditor's liens. The mechanic's lien trumps even a title loan, as long as the mechanic maintains possession of the car. Get a lawyer's advice on the specifics in your case. Bummer that you have to incur costs to get/keep the car. However, I wouldn't drive it until a judge rules you own it. Just store it and insure it against theft and vandalism. Maintain records of all costs incurred in getting the car, in case the original buyer tracks the car down and wants it back. He would have to reimburse you the $1,700 plus all other costs. I know storage costs could eat you alive after a while, but you can find storage facilities that could store a car for around $100 per month. __________________ Meh

02-29-2016, 02:17 PM	#50
Blu Ray ALWAYS-N-BOOST Drives: 2021 ZLE A10 Join Date: Dec 2011 Location: Alpine, NJ Posts: 2,376	Go get the Car....at this point your on the hook for the $1700 __________________ 2012 1LS M6 Black-Sold 2013 2LT M6 BluRay- Sold 2015 1SS 1LE M6 Black-Sold 2021 ZLE A10 Riverside Blue - Awaiting Arrival 01/10

02-29-2016, 10:39 AM	#46
rvadim76 Drives: SOLD: 2012 Chevy Camaro 2SS Join Date: Jan 2015 Location: Texas Posts: 560 View My Garage	..... Contact your State DMV (even online) and mark your car SOLD. Don't touch that car - you may face a real pain in the a** from ANYWHERE you can't predict. Consult your lawyer. The bottom line is: you have been paid for that car and you should officially make that car SOLD (at DMV level). Period

02-29-2016, 10:46 AM	#47
mrvenicess Drives: 2013 CRT ZL1 auto Join Date: May 2010 Location: Venice Fl Posts: 1,443 View My Garage	Many years ago a friend of mine sold his 69 vette to a guy that he knew. Two years later he got a similar letter saying if he didn't pay the money owing for repairs and storage the shop would auction it off. Turns out the guy he sold it to was a drug dealer who got in trouble with the law and fled the country and went back to eastern Europe without ever transferring the title. My friend paid off the mechanics lien and got the car back. No repercussions.

02-29-2016, 06:32 PM	#53
two_wheel_mayhem Would rather be riding Drives: No car no more Join Date: Jul 2009 Location: Indiana Posts: 2,750	They won't send pictures because they aren't the homeless car relocation service, they are holding it hostage in fact and very much want to own it themselves. At this point they could care less if it's claimed, they are sitting on a goldmine and they know it. From what has been said it sounds like they towed it in as an abandoned vehicle for whatever reason. It may be wrecked or broken down but it's worth way more than $1700 which is probably an inflated number. They charge like $30 per day storage. The OP isn't liable for anything, contacting him was just a formality, this isn't a collections attempt it's a legal notice that hes about to lose claim to the car. Like I said, if you plan to get this car your time is running out. You need to get to the BMV and get a replacement title, it's likely that it may need to be legally plated before it can leave as well. __________________ No dog in this fight anymore. 5th Gen owner 2009-2016.

03-01-2016, 11:49 AM	#54
CamaroC-17 Formerly Camaroc5 Drives: 2010 Camaro LT/RS M6 Join Date: May 2010 Location: USA Posts: 1,647	Deleted Last edited by CamaroC-17; 03-08-2016 at 02:19 PM.