I live in Florida and I just bought a used car in a private sale. It was a weekend so we couldn t go to the DMV to get the title that was saved there electronically so the guy I bought it from said he would get it and mail it to me. I don t think he was trying to scam me, because when we were originally planning for me to look at the car he suggested I come on a weekday so we could go to the DMV together. The VIN check also came up clean. He called me from the DMV two Thursdays ago to confirm he got my name right, and I haven t heard from him since, or seen the title. I ve tried calling, texting, and even mailing him, trying to get a hold of him. What recourse do I have besides suing in small claims court? Is it possible to get the title if my dad (who was there) and I make sworn affidavits and say we tried to contact him after he promised a title and got no response? I do have a bill of sale that he wrote with both our names on it (it s not an official DMV form) and one of his license plate numbers that was originally on the vehicle (he let me borrow it to drive it home). What can I do?
StephenWeinstein2016-07-17T15:16:48Z
You have not bought a used car. in a private sale. All you have done is to give someone money. Buying consists of giving money to a person who can sell something. A person without a title cannot sell a car, so you are not buying anything; you are just giving the person money.
The only recourse you have besides suing in small claims court would be suing in a different court.
Of course it is not possible to get a title just because you or you dad make sworn affidavits, because if it was, then anybody could steal a car and get a title just buy doing a sworn affidavit and forging a bill of sale.
What is the make, model, year, miles and price? Did the seller have cheap burner phone? That is bad sign. This is the problem, when buying a car you are not trying to judge the seller, you go by a process. The reason for this is even honest people make mistakes or try to cut corners, ie sell a car for a relative who is out of state, lose the title, etc.
Inspect car, take car to mechanic, pull instavin or carfax report, see sellers drivers license, then inspect title (ie seller must show it to you, or you can meet at DMV, names match, check VIN on car to VIN on title. If buying write up a bill of sale. You never pay for a car without the title. I am sure you know that now. You have a bill of sale, so that is positive. And you have witnesses so that is positive. Don't call or text him anymore. It might take two weeks for title to get processed and mailed out. Is your DMV address correct? Go to the DMV and bring your paperwork. Ask them to look up the status of this vehicle, has a new title been ordered or is anything in process. If not, then ask to see a manager, show them your paperwork and ask them what your options are? They may try to contact the owner via phone or letter, or have a process to apply for bonded title. You can try to call say on Thursday from another phone. Also you could consult an attorney. Hope it works out.
I had never heard of the DMV holding a title electronically, but it appears they can do in FL. But, this "implies" there could be a lien on this vehicle, and if so and not paid, then only the lender could get access to the title to release it or hold it till paid off.
The problem is, w/out the title can't verify if in fact this guy owns this car or not. Anyone can give you a bill of sale and sign it Jo Smo, and may not even be their real name.
You can sue anyone in small claims court, but, if he does not show up, then you get a judgment, but no title.
Do as poster Gatsby suggested and take your paperwork to the DMV to see if anything has been done or processed. If none, then you might end up filing for a bonded title that is costly and timely.
I did a VIN check, there were no red flags. I have his address as well, I met him at his house. The phone was not a burner throw-away, he uses it for his pressure washing business (could tell by his voicemail greeting). And it turns out I can get a bonded title here in Florida, I found all the necessary forms but before I do that I'll ask to see if a new title has been requested.
You can't. That's it. Whatever the guy said about not being able to give you the title was a lie.
Never ever EVER buy a car if the guy can't put the tile paper right in your hand. " said he would get it and mail it to me. I don t think he was trying to scam me, because when we were originally planning for me to look at the car he suggested I come on a weekday so we could go to the DMV together. The VIN check also came up clean. He called me from the DMV two Thursdays ago to confirm he got my name right," This is just BS to keep you on the hook until he was gone with your money.