About 1 1/2 months ago i purchased a 86 300E to drive on snowy and bad weather days. This way i dont have to ruin my good cars or worry about insurance going up, salt trucks, etc.

The guy I bought this car from tried to "jump titles" to avoid paying personal property tax, sales tax, licensing/registation fees. On the back of the title, his name is printed in the empty box, when he brought the car over that day, i saw his name filled out. he said i could cross out his name and print mine in place (i thought you cant do that, so i should have listened to my intuition).

So i tried to register it at the DMV and sure enough they said i cant do that. I called him up and he said he would try to get a "duplicate title" with a clear back for me in 10-15 days.

I agreed and in the meantime, i will do a tune up, oil change, detail, and all other things NESSESARY to pass safety and emissions testing.

Well its almost 2 months now and i have nothing. Technically the car is still his and i have about $1000 or more put into the car in parts, labor, etc.

i want to sell the car back to him, but he will only pay the original price and NOT pay for any of the repair work done. I dont think this is fair because its HIS mistake for "jumping titles" and its HIS car legally. Why should i pay for all these repairs so his car will be worth more money and he can sell it for more to someone else?

Also, i cannot sell the car because its not mine legally, and i cant drive it or license or title it. BTW, this deal is under $5000 altogether and it should qualify for small claims court in the State of Missouri. If it wasnt for the work I had performed, he would not be able to get the car transfered to his name anyway cause it wouldnt have passed inspection. I did what was nessesary ONLY.

I am not happy about this situation and considering going to court, what do you guys think about this? Do I have a case? Thanks in advance...

I'm no expert on this, but if you have all the receipts, I would think you could put a lean on the car, same as a repair shop would do. Might help if you have the old parts to back up the receipts, but not sure if that would be neccessary. Anyhow, might check on that route.

__________________
past MB rides:
'68 220D
'68 220D(another one)
'67 230
'84 SD
Current rides:
'06 Lexus RX330
'93 Ford F-250
'96 Corvette
'99 Polaris 700 RMK sled
2011 Polaris Assault
'86 Yamaha TT350(good 'ol thumper)

Rick,

Thanks for the suggestion. Yes I do have the old parts in a box. I also took before and after pictures before and after the work. I guess i can use that as evidence.

DMV Clerks do not consistently know or enforce the rules.

Try going to another DMV, or if you went to a big office, see if you can get another clerk.

How obliterated is the seller's name that was crossed out? If still readable, maybe that is causing the problem. Perhaps if you totally obliterate it you can convincingly tell the DMV clerk you messed up and did a correction.

I'm glad you posted the issue to educate us.

Ken300D

The "issue" with the title to my 240D.
I purchased a mint '82 240D from a fella that was pretty much an idiot when it came to cars (that is obvious because he sold a low mileage, manual 240D and bought a Civic that had been wrecked). In the state of GA they do not require titles for cars over a certain year of age which is applicable to this car. He gave me a title that was the one given to given to him by the person he purchased the car from. It was current up to that point. He went so far as to sign it but was too cheap to keep the title current (put in his name). I took the title and bill of sale to the tag office and they told me that since he put a tag on it without getting the title renewed then he has "broken" the title chain and I can't get a title for it in my name BUT that is not a problem since GA does not require a title on cars that fall within a certain age group.
I kinda hate I was not able to get a title in my name and probably would not have purchased the car if I had known the title had not been kept up. I hope he enjoys that wrecked Honda - what an idiot.

__________________
Jim

No title? How does that work? I know in this state you can get some kind of farm vehicle title that doesn't require you to keep current tabs. Seems no title could cause some ownership hassles. Strange.

__________________
past MB rides:
'68 220D
'68 220D(another one)
'67 230
'84 SD
Current rides:
'06 Lexus RX330
'93 Ford F-250
'96 Corvette
'99 Polaris 700 RMK sled
2011 Polaris Assault
'86 Yamaha TT350(good 'ol thumper)

I would have an attorney send a letter to the guy, stating he will be taken to small claims court and be liable for any and all attorneys fees if he does not clarify the title situation.

In California, you don't even really need the title from my experience to transfer ownership. the DMV has all the necessary forms for transfering the title.

Alon

__________________
'92 300CE - Sold
2004 C240 - 744 - C7 Wheels - Android Radio
2002 C320 - 816 - Sport Wagon

Thanks for all the replies. In Missouri, what I had to do in the past was fill out the back of the title and give the title to the guys at the DMV. Then they issue a new one and mail it to my house. They keep the old title.

So whos at fault here? I dont think I did anything wrong and deserve to get all the money i put into this car. Afterall he did promise to get me another title in 10-15 days which has way past. He "breached contract" and didnt keep his word.

exactly why I would have an attorney send hima letter. A letter from an attorney can be very persuasive, most people would rather not bother with being in that situation.

What I would try to do first is conatct the seller and tell him that you want him to meet you at the DMV to rectify the title situation. schedule it as an appointment, and tell him if he doesn't show and get it rectified with you on that day, you will see him in court.

Alon

__________________
'92 300CE - Sold
2004 C240 - 744 - C7 Wheels - Android Radio
2002 C320 - 816 - Sport Wagon

Ashman and Tkamiya:

Thanks for the advice.

With the DMV situation, I can do that, but to be honest with you, I am so frustrated and wasted so much time on this car that I dont even want it anymore.

The only reason I bought it was for a winter car, by the time he gets the title transfered to his name, then to my name it will be in febuary or march of next year. Plus because of all the BS and hassle, i just dont even want to deal with it anymore. I just want my money back.

Should I tell him how i feel and give him a chance to pay the full amount then send him an attorney letter or just send him an attorney letter? I plan on getting this situation setted first thing after Christmas before my winter semester at school begins.

Like today its supposed to snow 5 inches or so and I am still driving my good benzs risking an accident, salt corrosion, etc. whats the point of having a winter car when winter is over? LOL.

Oh by the way, my father is not an attorney, everyone on my father/fathers side of family are businessman/entrapanuers, and mother/mothers side of family are doctors. I did file small lawsuits before because people wrote me bad checks and painted my car the wrong color and didnt honor their warranty when the paint started flaking off 6 months later.

Happy Holidays and Merry Christmas....

I talked to my attorney this morning. He thinks a fraud was commited towards me and i can get punitive damages. What do you guys think?

Do it. Just like Nike says. Just do it. You really were defrauded.

__________________
Paul S.

2001 E430, Bourdeaux Red, Oyster interior.
79,200 miles.

1973 280SE 4.5, 170,000 miles. 568 Signal Red, Black MB Tex. "The Red Baron".

In Most States a release of interest form from the seller should get you a clear title. Have you tried contacting the prior owner before the jerk you got it from? a lein should be filed anyway to protect your interest.

partsman

I think you'll pay more in attorney fees than what you'll collect as punitive damages from the loser that sold you the car.

IMHO, if he'll give you back the purchase price, take it and run.

In that regard, I appreciate the CA law that makes it the sellers responsibility to ensure that the car passes all inspections.

Sixto
91 300SE
87 300SDL
83 300SD

Johnson,

I'm from Missouri and have had title problems in the past. If you have the title or a copy you can find the last legal registered owner. Call them and tell them you need them to sign a replacement title request. With that you can go to the liscenseing office and get a temp permit.

As I remember for an extra fee fast turn arround title service is available from Jeff City.

If the seller has not filed for a replacement title ask your local police for a stolen vehicle check. Say your just looking at the car.
I lost a motorbike to stolen recovery last year. and once it's gone you have little recourse because you have no property.

If nothing else works a new title can be obtained through a title service. This will cost less than a lawyer or you can ask a judge to award you a title: cheap but complicated.

Good Luck,

Write me if you need help.

Randy Roeges
roeges@sprintmail.com