Question by arh99: I bought a car from auction, im trying to get title, i sold car without bill of sale, now person wants $ back.?
I bought a car from an auction, and i am currently trying to get the title under my name so that i can resale it for profit. I sold it to a woman for 700 flat rate and gave her a plain written reciept and orally negotiated that she can take the car and park it at her house until i get the title and then transfer the vehicle to her name. I trusted her and warned her and her son to not drive the vehicle until i sign over the title. Now her son was caught driving the car without any registration or stickers or license. He also had marijuana in his possession and the police impounded the car. And she can not get the car out without a title. So that means i would have to get it out myself with my money. Now this woman wants her money back. What should i do?
Today i finally got the title under my name and got insurance for the car which costs me 62$ . The impound fees to get the car out will cost me 133$ plus 29$ per day that it is on the lot. Im waiting to come up with money to get the car out. The 700 $ went straight to my mother because she was the original one who put money into buying the car, she just used my license to buy it since my mother did not have a drivers license. so the vehicle would have to be registered under my name. My mother sold it to her while i was at the store, then on my way back to my mothers house i spotted the van and pulled them over to negotiate what will happen to the car because i did not want them to be driving it without any stickers. They told me they really wanted the car badly and were excited for it. So i felt sorry for them and just let them take the car and we negotiated that i will get title as soon as possible. So i know its my fault to for letting this happen, but also its her too for letting her
Best answer:
Answer by Matt
Get the title, sign the car over to her, and let her worry about getting the car out. The car was in nobodies name and in her possession. The car is completely her responsibility, not yours. There is nothing she can do to get her money back. A used car is not something you buy from walmart, it’s not returnable unless verbally or writtenly agreed
What do you think? Answer below!
7 Responses
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Hank Scorpio Says:
Why did you sell a car you don’t have the title to? Basically whoever holds the title can come back and retrieve the car at any time.
You know what…you basically scammed this lady regardless of what she did with the car; once she paid the cash you should’ve relinquished the title on the spot. Since you didn’t hold the title you’re basically selling someone else’s property, which is fraud. Give her, her money back.
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arh99 Says:
I have the sales receipt that i bought it from a police impound. This woman agreed that she will wait for me to get the title under my name first then transfer it to her name. I told her to not drive it at all, and she allowed her son to go behind my back and drive it. I think he deserved what happen to him. He should have not driven a car that was not registered. And this woman should have not bought this car and give me cash money without the title. I did not scam her!
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David G Says:
It’s not your fault the vehicle got impounded. The MOST she could do is try to sue you for the fees at the impound lot since you didn’t provide the title when you sold it.
It’s her car, her son and all their problems. Driving a car with no tag while smoking weed is a horrible idea. Sign the title over to her, make sure you put the correct amount that you sold it for, and send it certified mail.
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Scott H Says:
Shouldn’t have sold the car without the title. You owe the woman her money back and get YOUR car out of impound.
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n Says:
You put yourself in a bad position by selling a car that legally you couldn’t…at least without adequate WRITTEN documentation showing otherwise. (A bill of sale initialed & signed by the buyer saying “buyer understands she cannot & should not drive the car until she has the title and that could take weeks”)
First issue is only you can get the car out (And maybe not without the title) and you would have to pay whatever they say and that amount goes up BY THE DAY.
So, assuming the towing & storage is $ 250 or less, I would pay to get the car out.
Don’t give it back to her without getting paid.
This is probably going to end up in court where honestly, its a toss up as to which way it would go.
The fact that you bought it to resell at a profit while not being licensed probably hurts you along with the fact that any & everything you told her or she agreed to verbally is not provable or documented.
In other words, you COULD lose. Its not a slam dunk. You might win. and the ruling could be somewhere in between.
But court, if it happens, wont happen for months.
The immediate issue is getting the car out or losing it.
The most you could lose is having to return her money plus court costs in which case you would have nothing. If you pay to get the car back and lose, you would at least have the car for whatever you paid to get it out.
I would pay to get it out and then hold it until she paid the extra and refuse to give her money back. But, by the time court comes around, you should have the title.
Both you & her are at fault here. You shouldn’t have sold it without WRITTEN DOCUMENTATION & ACCEPTANCE of the title issue by the buyer. She shouldn’t have bought it without the title or driven it. But, how reasonable is it to expect a car buyer to buy a car, tow it home and park it for however long it takes you to come up with the title ?
I wouldn’t give her money back but I would get the car out & give her the option of paying for it and getting the car back. And in the meantime, get the title.
Most judges would rule a car buyer has a reasonable expectation of getting a title.
You were negligent in selling it without one and she was negligent in buying & driving it without one. One wrong doesn’t make the others right.Finally, realize that even if you lose in court, you don’t have to pay her. Its up to her to collect it.
I got sued over a $ 80 deposit about 20 years ago. I didn’t go to court because my time was worth more than winning in court. I lost, got a letter from the court that I lost and she was awarded judgment for $ 115. (I guess the $ 35 was court costs)
I didn’t pay and never heard from them. It did end up being reported to the credit bureau and could have kept me from buying a house or car but, in my case, it didn’t and it fell off after 7 years I think.
At the very least, you should get the car out and then offer to give it back to her when she repays the towing & storage fees and by then, you need to have the title.
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Ed Atun Says:
You have the most important part… the $ 700. You can’t keep it unless you had the right to sell the car. So get the title.
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colleenm Says:
YOU ARE A SCAMMER. AUCTIONS WONT LET YOU HAVE THE CAR WITHOUT GIVING YOU A TITTLE. I BET IT WAS YOUR BUDDYS CAR. THAT WAS BEHIND IN CHILD SUPPORT AND THE STATE HAS THE TITLE…AND IF THAT IS THE CASE I HOPE SHE GETS YOU THROWN IN JAIL FOR FRAUD……TELL IT TO THE JUDGE BUDDY
