Wherein my brother sells a car

[Midorikawa]

Backstory: About 5 years back, my brother's car - a 1998 VW Passat - got totaled at a stop light by a guy who wasn't paying attention and rammed him at 45MPH. My brother was fine, and got enough insurance money from the car to buy a rather nice Firebird. After owning the car for 3 years, he sold it to a guy in retrospect he knew he shouldn't have. My brother had a knee surgery a number of years ago (not connected to the wreck), and now has handicapped plates on his cars (this is important to the story.)

Fast forward to 3 days ago, my brother gets a notice in the mail advising him that his Firebird has been impounded and he now owes $500 in charges for not picking it up within a reasonable amount of time.

Turns out, the guy he sold the car to drove the car in my brother's name for 2 years because he didn't want to lose the handicap plates. This, of course, is highly illegal, and pisses me off tbh. My brother tried to get in touch with him, and it's obvious the guy is avoiding him intentionally, so my brother left a message on his voicemail giving him an ultamatim: Get in touch with me by 3PM tomorrow or I report the car stolen, and consult an attorney. It seems the buyer actually did contact my dad and said his parents would be getting the money, but I don't necessarily believe it.

I recommended my brother take him to small claims court when he fails to pay up, as Texas limit on small claims is $10,000, and total damages are sub $5,000. This puts my brother in a much more favorable light, and knowing this screwup, he won't show, or will shoot himself in the foot trying to represent himself, as attorneys aren't allowed in small claims.

I'll post updates as I get them, but it's looking bad for the seller, and good for my brother.

[Red_Dazes]

Glad your brother is handling it well. Just a lesson to always change the names on the title before you hand over the keys.

[Midorikawa]

Glad your brother is handling it well. Just a lesson to always change the names on the title before you hand over the keys.

In Texas, it's the job of the new owner to do. The previous owner merely needs to sign the title saying it's been sold, which my brother did at point of sale. The new owner's negligence did this, and if it goes to court, my brother will win, no contest.

[Imprl59]

That isn't correct. Texas requires the seller to complete a Vehicle Transfer Notification within 30 days of selling a car. It can be done online or via mail in form. You also should pull your tag from the car before the new owner takes it away. Thenew owner can get a vehicle transit permit that gives them five days to get the car registered and get a new plate.

It's probably no big deal in this case as they will just put a lien on the car and sell it.. No big deal to your brother since it isnt his car anymore anyway but it is important to do the paperwork properly because by not doing it your brother is still the legal owner on record for that car and were it to have been involved in an accident he would be named in the lawsuit. He would probably get out of any liability but would likely spend thousands on attorney fees to do so.

I guess after reading about the family wanting to go to disney WITHOUT the sick kid that got the trip to disney I shouldn't be suprised but geesh... what kind of person would want to keep handicap tags if they werent handicapped. Even if I could set the moral issue aside I would never tempt Karma like that. Kind of like when you yell at the dog then turn around and stub your toe on the coffee table. Pretend to be handicapped then turn around and ol' Miss Karma has a suprise for you



Steve B.

[Midorikawa]

That isn't correct. Texas requires the seller to complete a Vehicle Transfer Notification within 30 days of selling a car.

...

Pretend to be handicapped then turn around and ol' Miss Karma has a suprise for you.

Then apparently I've been misinformed, and I apologize for that.

As for Miss Karma, the guy got arrested, which is why the car's impounded. Karma got him, too.

[Imprl59]

Every state has so many rules who could possibly keep track? I only know because I've been involved in this stuff since the flintstones traded in that two wheeler.

If you ever need the forms you can find them at your state DMV website.
https://vision21.txdot.gov/Vehicle/M...ification.aspx
https://vision21.txdot.gov/Vehicle/V...ForPermit.aspx

Glad to hear that clown got arrested and I hope your brother isn't being bothered or stressed over the situation. I guess it's true that no good deed goes unpunished...

Steve B.

[Andara Bledin]

This is the sort of thing where I'd check the local regulations before any money exchanged hands.

In California, it's the responsibility of both parties to notify the DMV that the vehicle has changed hands. The seller does it so that their name is off the title in case the buyer does something stupid, and the buyer does it so that they can renew the registration and have it all in their name.

The last car I bought was never registered in the name of the guy I bought it from or the guy he bought it from. Regardless, it's in my name, now, and I'm likely going to run it into the ground since it's got more problems than it's worth to fix.

^-.-^

[Seshat]

Hindsight is perfect.

Noone in your family is going to sell a car without at least a registered letter to the DMV stating that the car is now sold and no longer in their name - regardless of state regulations!

[protege]

...and now some used-car stories from Pennsylvania

First one involves the '81 Volvo station wagon my parents once owned. Nothing really wrong with the car, other than it was old, and no longer comfortable on long trips. Dad wanted to sell it, and get a used minivan. So, the Volvo was temporarily parked at his ad agency while we tried to sell it. After a month or two, some guy drove the car, gave us a $400 deposit to hold it...and then disappeared. Another month later, the guy called up, and was pissed--he wanted his deposit back. Dad told him to get bent--he still had to pay for insurance on the car, had to rent an additional parking space at work (he didn't own the building), had to get it inspected, etc. Nothing ever came of it, because who puts a $400 deposit on a 12-year-old car?

Second one, involves my MG. When I got the car, it was a wreck. The engine was blown up, there weren't any brakes, and most of it it was in boxes. Fast-forward to late 2008, the car runs, is reasonably assembled, and we're trying to get the title changed. In Pennsylvania, you can get a title change through your local AAA office.

Or so we thought. According to the AAA website, all you need is photos of the car from all 4 sides, the old title (which I have), registration (odd, because the car currently has Classic tags on it...which *don't* expire!), insurance cards, etc. Imagine my surprise when I went to the office, and can't get the title changed! Seems the state is more anal retentive than I thought. They wouldn't give it to me...because there was an old sticker on the rear bumper, and some rusty spots on the front one! So, until I can get that fixed, my father's name is still on the title

[Andara Bledin]

Wait... they won't let you register it in your name because of a bit of rust and a sticker?!?

*boggled*

^-.-^

[Geek King]

Wait... they won't let you register it in your name because of a bit of rust and a sticker?!?

*boggled*

That does seem odd. Have you tried a different title office?

[wagegoth]

We bought a car from my husband's grandmother's trust. She was set up with a living trust to cut down on transfer taxes and ease the shifting of property. The problem was that the DMV didn't have a clue how to handle it. Quelle surprise?! Non. It took six weeks, multiple trips to the DMV and calls to DMV headquarters (BTW, it is nearly freakin' impossible to get help by phone from the DMV) in Sacramento to get the title transferred.

They kept asking for paperwork from the probate, but there is not probate in a living trust. I finally found someone who was willing to take a bit of responsibility (I know, I thought a government employee taking responsibility would signal the Four Horsemen to start their ride), and, after taking copies of parts of the trust, they transferred the title.

[eltf177]

Reminds me of a story I once read in the WASHINGTON POST. In Virginia vehicle tags are the property of the owner and are not transferred with the car. Person "A" sells his VW bug to friend "B" with the tags still attached. "B" sells it to random stranger "C" who over the next two years gets dozens of parking tickets. These aren't paid (bet you didn't see _that_ coming!) and police finally come after "A" who is the legal owner of the tags. "A" protests but since the tags are in his name he's liable for the fines. Never heard what happened but I think they were trying to track the VIN number to see if they could find the current owner (rotsa ruck, fellow!).