private party sales question

[mechanix565]

so recently i traded a bike i had for a 91 laser awd. the car was out of state. the kid i swapped knew i didnt have the title for my bike but i told him i was gonna try and get it for him. i told him he could keep the title for the car until i was able to get the one for the bike. well i dont need a title in my state to register the car so i did already and its been a week. its not looking like im gonna be able to get the title for the bike. the kid is telling me he wants the car back or a title to the bike.... but ive already put 1100 into the laser to get it on the road.. legally what should i do here? i told the kid straight up i was gonna try to get the title because the bike was never registered to me. he doesnt have my address or my name just my cell phone number. let me know guys if i have to give this car back im gonna be pissed ### i drove 6 hours to get it

 

[Gysgt Guy]

Why would you buy the bike in the first place without a title? Sounds like you were trying to pass the burden onto the kid.

But the car is yours, the kid can get over it.

 

[kaganader]

x2 Not giving the kid your name or any other information other than your number and making this kind of deal..that's shady in my book.

But going half on the cost sounds pretty fair to me. Hopefully the kid feels the same way.

Do you give the sales rep at best buy your name and information about you when you buy a new Tv?

Whenever I buy a car or something off CL I never give my information or my name. It is not needed unless we are signing sales papers for dmv then I'm obliged to give the information needed.

 

[yukiz]

How old is the Kid?any adult present on the kid's side? age makes huge difference.
if you are dealing with minor, pretty much you're gonna lose, because minor hold special treatment on court. I'd suggest to reconcile the trade... make sure the kid does not drag you to court.

 

[V12 Killa]

Do you give the sales rep at best buy your name and information about you when you buy a new Tv?

Whenever I buy a car or something off CL I never give my information or my name. It is not needed unless we are signing sales papers for dmv then I'm obliged to give the information needed.

For my warranty I do . Some people like doing business like this but not me. I like being straight up with people. I make the person buying my car sign the title, and I give them a bill of sale with my info (Ne DMVs are pretty anal about this some states aren't). Other people like to sell their POS/stolen/trash without writing down anything or even giving their name (Shows what kind of seller they are IMO). I've also driven hours to check out a car and every time they tell me "I don't have the title but it's at my girls house" or this & that, I just walk away so I won't have to go thru this kind of b.s. If you want to know anymore on my buying/selling history PM me.

 

[SkyGrowsCold]

like i said if i can get him a title i will im just trying to make it right.. to do one of those bonded titles do i need the previous owners info?

not that i know of, he knew nothing about cars

ya jus suckd i had to

-replace crankshaft
-Resurface head
-Balance shaft bearings were gone so had to do the eliminator kit
-rebuild engine (Rings,Bearings,gaskets,seals etc...)
-remove 3 broken header bolts
-remove 4 broken valve cover bolts (had to retap the holes)
*-remove broken carrier bearing bolts
*-replace oil pan
*-replace starter
-clutch was smoked (he told me it was done when the motor was rebuilt)
-flywheel was warped had to have it resurfaced
-throw out bearing was shot
-wiring harness was all melted at alternator (bought new connector and soldered it)
-idle sensor was junk
-2 injectors were clogged (had to bench clean them)
-rear strut was bent
-front subframe was cracked (had it reinforced and welded)
*-Axle boot was ripped (Replaced it)
-Drivers wheel bearing was shot
*-battery was junk
-timing belt showed signs of cracking so had to replace it (he told me he had it done recently...)

Not to mention all the vacuum hoses i had to replace, fluids, hours of powerwashing all the filth, detailing the car, and hours and hours of labor...

the kid told me he had the motor rebuilt recently.... from what that motor looked like it had never been out of the car.. i looked at it at night and took his word for it because i was excited to get another dsm.... my Bad i guess

the things with the * next to it is what he told me it needed....

Reading those two quotes over it sounds to me like the person you purchased the car from may not have owned the car long and just passed along what information the person that he had purchased the car had told him. When he got the car, he realized he was in over his head and decided to dump it that's when you got it for the trade of your non-titled bike. From your first quote where you say he knew nothing about cars I'm not sure why you would have assumed the car only needed the parts he had told you about.

As far as the title issue is concerned I feel as long as you have a signed paper from the person who last owned the car saying that they are now giving, trading, selling the car to you, that there is nothing that can be done to get the car back if he takes it to court or reports it stolen in my opinion.

Finally it sounds like you and the PO learned some lessons here in the buying and selling world that I hope will not be repeated. I also feel as long as you are doing everything you're able to do to try and get him the title and letting him know that, you are making good on your word. As for the bike it sounds like it's only future is to be ridden on the streets illegally or, in my opinion, should just be tailored and turned into a track bike but that no longer concerns you being that it was traded.

 

[Notstock]

"i bought the bike from a friend who had the title.. however he never registered the bike he just let it sit. after i bought the bike off him he couldnt find the title for it (he lost it somehow)"

"so ive been trying to figure out how to get a hold of the previous owner so i can get their number call them and tell them im having the title sent to their house but i can figure out how.. im just pissed that the kid kind of screwed me on the car.. id help him if i could figure out how to contact the previous owner.. "

SOOO which is it? you bought it from a friend, or some guy you don't know? Pretty sure I know how to contact all my friends... Sounds shady.

 

[ed1380]

He meant contact the po before his friend

 

[Notstock]

He meant contact the po before his friend

That makes more sense.

 

[mechanix565]

im rlly just trying to make everyone happy but the kids just getting a little bit of an attitude with me like get me the title or give me the car back, im trying to get the title, but honestly i have no intention of giving this car back fter all i have into it he pretty much told me he wouldnt reimburse me becuase he "didnt have the money" he followed that up by saying all DSM's are money pits, i said only because someone hacked it up its not the cars fault but whatever im leaving for the dmv in a few to see if i can get somewhere im not losing over 1000 dollars because this kid is an idiot

 

[laserspeeddemon]

Intentions or not. The Bill of Sale usually has some sort of "Quid pro Quo" exchange in it. A Bill of Sale is a sort of a contract. If you can't deliver your portion of the agreement, you've breeched the contract and it's invalid.

Now here's where it gets sticky. If he HANDED the keys to you based on your promise and/or contract it no longer becomes a "criminal" act. He can not report the car stolen and doing so could get him charged for filing a false police report, especially if he is already aware filing it as stolen is criminal. To protect yourself from this. I would inform him in some written way (a text message) that report the car as "stolen" is fraudulent and criminal.

So that makes this a civil matter. Now a judge can do whatever he wants. But most judges would rule in his favor and if you "intentional" keep the car from him despite the fact that you can not get the title for the bike may get you hit with punitive damages. How bad would it feel for you to loose the car and then have another $1000 tossed on top of that? Also do not assume that he can not find you. Believe me when I say this, I am an expert in this area. Your name, address and often times SSN is attached to your phone number unless it's a pay as you go cell phone. And sometimes even pay as you mobile devices require to register in some form. It is a $5 service online to get a name/address from a phone number. It may be your moms or your dads or your girlfriends, but it's a place to start.

So at this point you have 3 options. Get that title for the bike (at least call your DMV, they will have a place to start. It may be a simple form), return the car or hopes they other guy doesn't find you and sue you cause you will lose.

 

[Iroc_g]

If your friend bought the bike, but never titled it then he should be able to get the information. Also, most states have provisions for a forced title transfer.