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I'm selling my truck but the title hasn't come in the mail

Discussion in 'The Hokey Ass Message Board' started by robyyo, Apr 3, 2012.

  1. robyyo
    Joined: Sep 8, 2005
    Posts: 238

    robyyo
    Member
    from Orange CA

    It's been a month and the title hasn't come. I was expecting it in this week and I've got a buyer who left a deposit on it, he wants to pick it up on Saturday and he'll be driving about 400 miles. I called the DMV and they said if it hasn't shown up in a couple of weeks call back. The truck is registered in my name, it has plates and current reg. Could I write a bill of sale, have it notarized and just send him the title when it comes in? Does that sound reasonable?
     
  2. Should be fine as long as the seller is cool with it and agrees.
     
  3. robyyo
    Joined: Sep 8, 2005
    Posts: 238

    robyyo
    Member
    from Orange CA

    That's what I was thinking. Has anyone heard of a title taking this long in CA?
     
  4. Technically it's illegal in California to sell a vehicle without the title. But in his case, if the buyer agrees you really shouldn't have any problems - as long as you can supply it quickly.

    Not uncommon to take 6-8 weeks some times to get it from DMV
     

  5. robyyo
    Joined: Sep 8, 2005
    Posts: 238

    robyyo
    Member
    from Orange CA

    If it doesn't show up by Friday I'll give him a call and explain the situation and see if he's ok with it. Damn DMV. Am I wrong in expecting the title within a month?
     
  6. They say 4 to 6 weeks but I usually get them in 2. If the buyer really wants it, you have no issue.
     
  7. Here in South Carolina you can pay a fee and get the title before you leave the DMV. HRP
     
  8. B Ramsey
    Joined: Mar 29, 2009
    Posts: 646

    B Ramsey
    Member

    I've done it, too. The registration proves you own it, just write up a bill of sale. Send signed title to new owner when it comes. No need for notary. Don't forget to get his info to fill out the release of liability form, that is attached to the title.
     
  9. robyyo
    Joined: Sep 8, 2005
    Posts: 238

    robyyo
    Member
    from Orange CA

    Thanks will do. Thanks everybody for the info.
     
  10. 345winder
    Joined: Oct 27, 2010
    Posts: 1,059

    345winder
    BANNED

    the mail man will show up with it 30 minutes after the buyer leaves mad as hell with his deposit because the title hadnt showed up yet!....at least that would be my luck!~ :D

    ,,but yeah, ,,i dont see a problem selling it IF he is cool with it...
     
  11. And if push comes to shove there is a "Transfer of ownership with lost/missing title" form you and the buyer can fill out. Should be downloadable from the DMV's website.
     
  12. raidmagic
    Joined: Dec 10, 2007
    Posts: 1,440

    raidmagic
    Member

    I would call him now and let him know what is going on then contact him again on Friday with the status. I don't know if you have ever made a long trip to buy something like this but you prepare days in advance. I'd like to know leading up to the trip the status on it rather than a call the day before that I'm not going to be going. Just my opinion.
     
  13. The dmv can hold it up if there are outstanding liens or traffic fines against it.
    Do a little more questioning.
     
  14. flathead okie
    Joined: May 22, 2005
    Posts: 1,480

    flathead okie
    Member

    what raid magic said. I'd be pissed, let him know asap.
     
  15. brad2v
    Joined: Jun 29, 2009
    Posts: 1,652

    brad2v
    Member

    Mine came from the Cali DMV in 2 weeks, and I'm in another country!
     
  16. Hnstray
    Joined: Aug 23, 2009
    Posts: 12,355

    Hnstray
    ALLIANCE MEMBER
    from Quincy, IL

    From just a "between you and me" deal that all sounds great. But, I think you will find that until "title passes", YOU are still owner of the car and may well be legally liable for it and any damage it causes. Check with an attorney...but I think you will find that is correct.

    Further, for the same basic reason, the buyer could conceivably choose to void the deal for any reason and, because the "title hasn't been passed" to him, the 'buyer', demand his money back and get it.

    You might choose to take the risk.......but if you do choose that path.....you do so with your eyes open and aware that it could bite you, rather than find out too late and by surprise.

    Ray
     
  17. Call him a.s.a.p. explain situation.
     
  18. 5window
    Joined: Jan 29, 2005
    Posts: 9,550

    5window
    Member

    I'm not clear about the process-here in PA you hold the title,then at the sale, sign the back and hand it over. Then the buyer submits it,pays the taxes and gets another title. So why don't you have a title now?

    All the same, since you hold the title to the truck somewhere, the risk is all on the buyer.If he's coll with what you agree on, that should be fine.
     
  19. GassersGarage
    Joined: Jul 1, 2007
    Posts: 4,726

    GassersGarage
    Member

    Just to let you know, Law Enforcement was a grace period for expired registration, up to 30 days, because DMV is so far behind. It will arrive, eventually, but that's why I wait until title is in hand, before I sell a vehicle.
     
  20. Hnstray
    Joined: Aug 23, 2009
    Posts: 12,355

    Hnstray
    ALLIANCE MEMBER
    from Quincy, IL

    Some of you guys are referring to a "release of liability" that the seller should fill out, then send to the buyer. Logically that doesn't make sense to me. Seems that the "release of liability" has to be signed by the buyer in favor of the seller. That is not something the seller can do for him. If I am incorrect, please explain how that is supposed to work.

    Ray
     
  21. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,791

    tfeverfred
    Member Emeritus

    Maybe he'll be cool and wait for it. I would. Couple more weeks won't kill anyone.
     
  22. It's for the report of sale. Paper work to cover the sellers ass from point of sale to title transfer.
     
  23. Hnstray
    Joined: Aug 23, 2009
    Posts: 12,355

    Hnstray
    ALLIANCE MEMBER
    from Quincy, IL



    Exactly my point...........so without the title in hand at the time the truck leaves, how is the seller going to get the 'release' signed by the buyer to cover the seller's ass in the meantime.....? Obviously, he can't and has continuing liability until such time as the title and release are filled out and signed appropriately by buyer and seller.

    People have taken greater risks and dodged a bullet......but, as Dirty Harry said......"are you feelin' lucky"


    Ray
     
  24. Hotrod1959
    Joined: Nov 3, 2007
    Posts: 807

    Hotrod1959
    Member

    If you decide to let him take it make sure you keep it insured........
     
  25. VoodooTwin
    Joined: Jul 13, 2011
    Posts: 3,453

    VoodooTwin
    Member
    from Noo Yawk

    I bought a car that way once. I held back some of the $ until the title showed up. Work with the buyer to be fair.
     
  26. If buyer bought the car on the understanding that the title was not in hand, he shouldn't really make his surprised face when you don't have it yet. If you told him you had it, and now you don't that would be something else. It should be possible to work something out here.
     
  27. bobwop
    Joined: Jan 13, 2008
    Posts: 6,115

    bobwop
    Member
    from Arley, AL

    in the Wild West they called it "getting the cart ahead of the horse"
     
  28. dwaynerz
    Joined: Nov 16, 2006
    Posts: 235

    dwaynerz
    Member

    is it just california that holds titles when you own the vehicle free and clear? in illinois, i have 3 titles to cars in my possesion that i own outright. if i decide to sell one, i just bring it with me to the sale.
     
  29. California does NOT hold the title. The OP just put it in his name - maybe never got around to it, or maybe is just flipping it. Anyway The DMV does NOT hold the title, he just hasn't got it yet from a recent transfer. And 4-6 weeks really isn't unreasonable in DMV's mind as you are keeping the car, not immediately selling it - that why they have dealer licenses and that is handled a whole different way
     
  30. 5window
    Joined: Jan 29, 2005
    Posts: 9,550

    5window
    Member

    Somehow, it is starting to smell fishy to me.
     

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