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Old 06-27-2008, 03:53 PM   #1 (permalink)
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Default Seller of car not same as name on the title - Is that legal?

Hey guys, im looking for some opinions on my situation.

I went to New York a few days ago to check out a car for sale. Its a private party sale. The guy was really honest and seems legit. We are close on price and now its just a matter of finalizing the deal.

Heres the problem. He just bought the car from Maryland, trailered it to NY and the title just got fedex-ed to him yesterday. Hes reselling it right away because he claims a good deal came up on real estate and he needs the cash back so he can buy the house, fix it up and flip it. Thats what he does on the side.

I wanted to make sure he was now officially on the title as the owner and that its lien free. When i asked him that he said because he never registered the car the title is still under the name of the original owner. He says he can just put me as the new owner and make it look like that original owner sold me the car.

I really want the car but to me im starting to get in over my head. What do you guys think about this kind of situation. Is that legal or normal?
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Old 06-27-2008, 04:04 PM   #2 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

well, I'll admit that when I bought my first 3/S, that's what happened... i bought it from a place called "cash for cars," and it didn't have the "dealership" guy's name on it, it had the guy he bought it from. The dealership guy just put my name on it as the buyer, and it looked like he never owned it.

Which is great for him, because he didn't have to pay taxes on it, no doubt. I was young and dumb when I bought my first 3/S, though, so I'd never do that again now... it's Shady, to be honest.

Ask the seller for the previous buyer's info and give him a call. Talk to him. If the seller is on the level, he'll happily provide you with that info, and he'll HAVE it all handy and accessible. Only someone shady or trying to rip you off would withhold that info or say they don't have it.

For all you know, he marked up the car $5,000 and is just trying to make a quick profit. Then again, maybe he bought a car with issues that the other seller disclosed, and he isn't. A ten minute phone call could take care of a lot of worry.
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Old 06-27-2008, 04:04 PM   #3 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I live in NY and have done this a few times. I know its illegal but numerous people still do it. Im sure the guy got a good deal on the car and is trying to flip it quick.
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Old 06-27-2008, 04:05 PM   #4 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

If the previous seller has signed the title but the guy your buying from has not, then you should be just fine. It would just be as if your buying it from the previous owner. You might incur some additional fees for bring the car into the state rather than just an instate title transfer, but yes this is common. Especially for people who buy and flip/fix several cars a year. Not enough business to justify a dealer license, but to big of a PITA to title and register in your name prior to reselling.
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Old 06-27-2008, 04:10 PM   #5 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I am with these guys. I'd be nervous buying a car in that way, but me being the hypocrite I am did sell a motorcycle I owned for a summer in that manner.
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Old 06-27-2008, 04:23 PM   #6 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I bought my 300zx in wisconsin, Im in colorado. The guy didnt have the car registered to him so i made him register it first. The vr4 i bought was in albuquerque NM, and it was still titled in the previous owners name in Tenn. It was signed by the previous owner, and I filled my info in the buyers. So, the guy I bought it from basically was middled out you know what I mean?

Its called title jumping and is illegal in most states if your caught. Just make sure the car runs good and your fine.
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Old 06-27-2008, 04:25 PM   #7 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I do it all the time with stuff.

Buy it, fix it, sell it

And my name never goes on the title. It saves me money and time. But it someone wants me to title it before them I have no problem doing that either if they pay the fee to do it. So far that has only happened once.
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Old 06-27-2008, 04:25 PM   #8 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I just did that a few days ago with a honda I sold. I think its called a open title. The guy I bought it from sold the car to me signed the title, then I flipped it for a profit. I dont see anything really illegal about it. I never signed the title so all the dmv knows is they bought it from the guy that I bought it from.
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Old 06-27-2008, 04:29 PM   #9 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

I should clarify, yes it is illegal in most states.
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Old 06-27-2008, 06:12 PM   #10 (permalink)
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Default Re: Seller of car not same as name on the title - Is that legal?

Thanks everyone for the replies. I like the idea about calling up the previous owner and double checking all the info to make sure things are truthful.

I realize now its not the correct or legal process but how can anyone ever find out that there was a middleman involved?

One more thing that makes me a little nervous is that i went down there for the purpose of test driving the car a bit to make sure there were no issues. But because he didnt have plates for it, he only drove it for about 2 min down 1 road and turned around. Everything sounded normal but you cant base much on a 2 min drive. On the other hand its a 2006 with 18000 miles and still under warranty so i doubt there are problems with it mechanically. Cosmetically its mint. Carfax was perfect also.

Any other opinions?
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