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Buying A Car From Guy, But Title Not His Name

By texasrolla, January 17, 2007



There is a BMW I am particularly interested in. Seller is asking thirteen hundred bux; however, he says he never bothered to change the title to his name when he bought the car a year ago. I guess he didn't want to pay taxes. Therefore, if I buy the BMW, the title will indicate the seller as a guy I have never met or talked to. Do yall think there might be any issue?

The reason I ask is that I feel this arrangement might not meet the rule in the state of Texas that "only the seller is authorized to sell the vehicle." I guess the issue comes down to who is the owner in the eyes of the law: this guy I'm dealing with or the previous owner.

Pretty hard to say in that instance - I'm not familar with Texas state laws in that respect. Easy way is to have the guy fill out his information on the title - if he refuses, then you know there is a problem there. Also probably be worth it getting the title history for this vehicle - as it may uncover some information that might influence buying or not buying this car.

Bikeman982

I would think that would not be a big problem.

You might have him fill out a legal Bill of Sale and use that to register the car after you purchased it.

In my state, I would have to go to the DMV and get a new title put in my name after I bought the car and that is extra money.

They would accept a bill of sale and I would not show them the old title - just say that it was lost.

DO NOT BUY THIS CAR unless and until the seller has taken the time to get it titled in HIS name -- which includes paying any taxes and documentation fees necessary (HIS dime). Once he has done that, assuming you still wish to buy the car and the price is still $1300, then go ahead with the purchase. Then, immediately get the vehicle titled in your name.

If the seller is in any way reluctant to follow this procedure, give this car a miss. There are lots of BMW's being sold by people who aren't violating the law. Do business with one of them instead.

Two years ago when I was looking for a beater pickup (less than 3 grand), on every other truck I came across the seller does not have the title under his name. The excuses usually were of two variety: (1) "I don't drive it enough to bother" or (2) "I'm selling it for a friend." I surmised the real reason is that these sellers bought their vehicles and wanted to sell it for a profit. Changing the title to their name would seriously cut into their profits.

i'd go down to the DMV and ask if the info filled out on the bback of the title plus the usual form that you have to fill out from the DMV is enough to put the car under your name.

Bikeman982

Two years ago when I was looking for a beater pickup (less than 3 grand), on every other truck I came across the seller does not have the title under his name. The excuses usually were of two variety: (1) "I don't drive it enough to bother" or (2) "I'm selling it for a friend." I surmised the real reason is that these sellers bought their vehicles and wanted to sell it for a profit. Changing the title to their name would seriously cut into their profits.
What's wrong with people buying and selling to make some money?

 

As long as it is legal, people will continue to do it.

There are used car dealers who do the very same thing.

Call you DMV... Ask them... Bikeman is right almost all used car dealers do not change titles over into the dealer name before selling to you... They do however process the paperwork to change the title into your name...

But do be cautious... I suggest running a carfax check

Dealers do not change the titles of the vehicles they buy/sell into their own name because they aren't required to do so. However, they must report the full details of each transaction (purchase/sale) they make to the DMV, including all names, addresses, VIN's, etc. so everything is documented.

A private individual who does not possess a dealer's license MUST be the registered/titled owner of any vehicles he owns and subsequently sells. If the vehicle is not titled in the seller's name, then, as another poster suggested, that's probably an attempt to avoid paying the registration taxes and fees between the purchase and sale of the vehicle. The individual is acting like an unlicensed dealer, which is against the law.

Bikeman982

I have bought cars without titles, using a notarized bill of sale and then registered them at the DMV.

I had to pay to get a new title issued, and that cost extra at the DMV, but they never questioned who the previous owner was.

The notarized bill of sale was sufficient for them. I never showed them a title that was different than the name on the bill of sale.

That might be an entirely different situation with the DMV.

Not sure how things are in Texas.

With that said, here, if you have a signed title, for the most part, you should be set. (SHOULD be, but not guaranteed).

Go to your DMV, make sure that there are no claims, leins, etc against it.

I am not sure if CARFax will tell you that kind of info. Mainly just it its been in an accident or not...

2bits

tdk.

Bikeman982

Your DMV can pull up all the registration, title, owner info, etc.

Carfax just has accidents (claimed), registration dates, etc.

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