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  #1  
Old 06-09-2006, 03:58 PM
thelazzarusman's Avatar
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Location: Tampa, FL
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Insult to injury: insufficient title for transfer on my eBay SDL

Those of you around several months ago will remember that I purchased a 300SDL on eBay with the cracked head syndrome. All is well now mechnically, so I went today to my local DMV to retitle the vehicle, pay my taxes, register, etc.

The clerk tells me that since I have no bill of sale (the b*stard seller only sent me a title, with someone else's name on it), he can't issue a title or registration. I have to make a civil court date to have a judge declare the vehicle my property. Naturally, I have ample proof of the purchase--and the ensuing conflict and resolution through auction insurance--but I fear that a court date could easily be a 6-month proposition. And who knows what the judge might find to nitpick about.

Does anyone have advice on how to pursue this situation, or if there are alternatives to court? I seriously doubt the dealer would give me the time of day, especially since I now have an insurance company attempting to collect $4k from them. Perhaps I could contact the individuals who sold the vehicle to the dealer and get them to vouch for me? After all, it's their names on the title.

All suggestions and comments welcome,

DL
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  #2  
Old 06-09-2006, 04:04 PM
ConnClark's Avatar
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Ouch!!

as for advice......

Have you tried putting Nair in the sellers shampoo?

I don't think the courts will take 6 months though. (At least it wouldn't where I live)
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  #3  
Old 06-09-2006, 04:09 PM
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Yeah, I have a suggestion. Make up a bill of sale yourself. Sign the seller's name of whatever else they want. I've dealt with plenty of unresolvable, Catch-22 registration issues over the years. If you think FL is tough, don't ever try CT!
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  #4  
Old 06-09-2006, 04:39 PM
thelazzarusman's Avatar
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Pete, I like your idea...

but Dad's a judge and if I got caught, I shudder to think what might happen. The straight and narrow isn't always my preferred path, but with something this--shall we say--"public," I hesitate to deviate from it.

DL
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1995 E300 146,000 miles "Celia"--sold
1993 300sd 131,000 miles "Konstanze"--with Mom in Tampa
1987 300sdl 225,000 miles "Frau Grau"
1980 300sd 164,000 miles "Old Yeller"--sold
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  #5  
Old 06-12-2006, 10:15 PM
mespe's Avatar
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Location: Cleveland, Ohio
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Quote:
Originally Posted by thelazzarusman
but Dad's a judge
DL

Well your problem should be solved, say hey dad I need this fixed. Done in one day no court fees either.

Good luck

Marty
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  #6  
Old 06-13-2006, 01:40 PM
87tdwagen's Avatar
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Obtain a FL bill of Sale online

As mentioned before if the title is signed by the previous owner...you have a signature to work with.

First check carfax, make sure it was NOT reported stolen by the PO then make a photocopy of the signature use this copy to transfer the sig to the FL DOT bill of sale and go back to another clerk, should have no problems getting the title in your name, the key in all this is to make sure it is not a stollen vehicle or has hidden leins on the title.

Some states, Florida included REQUIRE the PO to send a Notice of Sale to their state's DMV to fully release liability for that vehicle, not sure if CA is the same but worth checking. This is done to eliminate the PO's liability for any illegal activity done with their former car whether it is ever legally registered by a new owner or not or ever used in a crime. If you do not fill out one of these forms, you run the risk of that liability even if you properly filled out title transfer BOS and whatnot, without the notice of sale to the state, you are still legally liable for that vehicle.

Hope it works out for you and keep us posted
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  #7  
Old 06-09-2006, 04:42 PM
TheDon's Avatar
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Quote:
Originally Posted by Pete Burton
Yeah, I have a suggestion. Make up a bill of sale yourself. Sign the seller's name of whatever else they want. I've dealt with plenty of unresolvable, Catch-22 registration issues over the years. If you think FL is tough, don't ever try CT!
we had to do that with my 300D since to register it . it would of cost 500$ because how florida does it by weight and sales tax.. so we modified it making 2500 look like 250 , i talked to the p/o about it and she said do it

hey lazz you coming to the gtg
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  #8  
Old 06-09-2006, 05:43 PM
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Location: central Texas
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"The clerk tells me that since I have no bill of sale (the b*stard seller only sent me a title, with someone else's name on it), he can't issue a title or registration. I have to make a civil court date to have a judge declare the vehicle my property. Naturally, I have ample proof of the purchase--and the ensuing conflict and resolution through auction insurance--but I fear that a court date could easily be a 6-month proposition. And who knows what the judge might find to nitpick about."

I think you should check closely at the CourtHouse... what you have described is SOP most places... and often they have a walk in day once a month or more often those these types of cases.... So it may not be a matter of getting on the Docket months away....... they understand that people need their cars....or at least a lot of Counties understand that...
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  #9  
Old 06-09-2006, 05:49 PM
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I had a simialr situation with an MGB back in Mississippi about 12 years ago. The title I got with the car belonged to a dead man and the guy who sold it never had it registered in his name.

I paid $50 to a title insurance company and they issued me a new title.
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  #10  
Old 06-14-2006, 04:02 PM
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Quote:
Originally Posted by Pete Burton
Yeah, I have a suggestion. Make up a bill of sale yourself. Sign the seller's name of whatever else they want. I've dealt with plenty of unresolvable, Catch-22 registration issues over the years. If you think FL is tough, don't ever try CT!
Arizona too. Those 'zonie DMV workers have sun-baked brains.

My Aunt passed on and left a 20yo Buick Sommerset...I didn't have time to take care of the title x-fer in person and thought (silly me) that I could do it over the telephone upon returning to Texas.

Long story short, ultimately I had to forge her signature and 'sell' the car to me so that I could get a Texas title and 'sell' the car to the person she left it to in her will. FWIW, that's what the person at the Texas tag house suggested to do.
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  #11  
Old 06-14-2006, 09:44 PM
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Commonly referred to as "Ghosting the title".

We had to do that when the wife's parents passed away.
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  #12  
Old 06-09-2006, 04:07 PM
John Holmes III
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If this fellow is a dealer and sold you a car with a open title in someone else's name he could be shut down by his local dmv. There could be leins or judgements on the car in the state the title is from. I would keep a copy of the ePray auction in the car, in case anyone comes a knocking. I would be real carefull and maybe have your insurance company and bank run the the vin to get a feel for what is going on. Good luck.
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  #13  
Old 06-11-2006, 08:15 PM
Panzermann's Avatar
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Though you may not think....

Quote:
Originally Posted by thelazzarusman
Those of you around several months ago will remember that I purchased a 300SDL on eBay with the cracked head syndrome. All is well now mechnically, so I went today to my local DMV to retitle the vehicle, pay my taxes, register, etc.

The clerk tells me that since I have no bill of sale (the b*stard seller only sent me a title, with someone else's name on it), he can't issue a title or registration. I have to make a civil court date to have a judge declare the vehicle my property. Naturally, I have ample proof of the purchase--and the ensuing conflict and resolution through auction insurance--but I fear that a court date could easily be a 6-month proposition. And who knows what the judge might find to nitpick about.

Does anyone have advice on how to pursue this situation, or if there are alternatives to court? I seriously doubt the dealer would give me the time of day, especially since I now have an insurance company attempting to collect $4k from them. Perhaps I could contact the individuals who sold the vehicle to the dealer and get them to vouch for me? After all, it's their names on the title.

All suggestions and comments welcome,

DL
....that it would help, you should file a formal complaint with the state licensing division. Licenses are issued to various profession/occupations to protect the public. Thus, they can only make things difficult for the guy who sold it to you. It may be the DMV that does it in your state or some other agency. the corporation comission is another avenue. these state agencies often will investigate it and when they do, they can make it REALLy not worth the dealer's time to have ripped you off. And he cannot do ANYTHING to you. In the meantime, get your ducks in a row for a court hearing to quiet the title. Get the story simple and get all the documentation ready.
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