Jump to content

Legal question, car ownership/titles


Total Sign

Recommended Posts

I sold my thunderbird to a few mexicans over a year ago.

 

Get a call back in March asking my if I knew mexicans were driving my car (Cincinnati Police Dept), I tell officer that I have sold the car. He says ok, thanks for your time.

 

Get letter yesterday, have "Outstanding Warrant Out for Arrest" For "Failure to display tags," license is forefitted.

 

Now, I sign title over to them. They never go to BMV and switch it over. It is legally my car right?

 

I am responsible for the insurance on it still right? I am responsible if they go and kill someone right?

 

any idea what to do?

 

My best thought at the moment is to find their address, and go drive my car back home, file for lost title at BMV.

Link to comment
Share on other sites

the state says that both parties must sign the title in the presence of a notary. So the only way to cover your self is to go to the title division sign it over and ensure the car is titled to them.
Link to comment
Share on other sites

Originally posted by Assured Risk:

 

My best thought at the moment is to find their address, and go drive my car back home, file for lost title at BMV.

i dont think this would work, b/c you already have tickets/warrent under that car. if you do that, then there would be no way to get out of them. i would contact a lawyer.
Link to comment
Share on other sites

Originally posted by BIG PAPA:

the state says that both parties must sign the title in the presence of a notary. So the only way to cover your self is to go to the title division sign it over and ensure the car is titled to them.

Yup. Even though most notaries are soft about it, this is why you never just get it notarized and sign your name and leave the other part blank, or, even worse, just sign your name because they said "I know a notary who will stamp it..."

 

In exactly the situation you are in, the notary (or his/her signature) is your legal witness that you transferred ownership of the vehicle. The notary's stamp, signature, and date on the back of the title is your saving grace.

 

It is the buyer's responsibility to pay the sales tax and have the title put in their name. Obviously, these people didn't do that because they didn't want to pay the tax.

Link to comment
Share on other sites

Originally posted by Assured Risk:

I sold my thunderbird to a few mexicans over a year ago.

 

Get a call back in March asking my if I knew mexicans were driving my car (Cincinnati Police Dept), I tell officer that I have sold the car. He says ok, thanks for your time.

 

Get letter yesterday, have "Outstanding Warrant Out for Arrest" For "Failure to display tags," license is forefitted.

 

Now, I sign title over to them. They never go to BMV and switch it over. It is legally my car right?

 

I am responsible for the insurance on it still right? I am responsible if they go and kill someone right?

 

any idea what to do?

 

My best thought at the moment is to find their address, and go drive my car back home, file for lost title at BMV.

They bought the car from you, they are responsible. If they throw out the title to try and pretend that the car is still yours, that's technically auto theft for them. smile.gif

 

But the most important thing to do with the police and everyone involved is to tell the truth.

Link to comment
Share on other sites

You are responsible until they register the car. if they are driving around with YOURS tags, then your responsible.

 

Just went through a similar thing with my roomate and a car he sold.. buyer didnt switch tags and title, got parking tickets, now BMV demands that my roomate must pay those tickets.

 

Contact a lawyer, dont mess around with this one.

Link to comment
Share on other sites

The BMV is demanding that because they don't have proof the car was sold. If the buyer got a 30-day tag, there's your proof. Once again, as soon as that properly notarized title turns up, you are clear.

 

Lesson learned here: make a photocopy of the notarized title when you sell the car. Keep names and contact info of who you sell the car to. Your license plates are registered to your name. Take them off the car when you sell it. Then the buyer has to either get a 30-day tag or tow it, or throw a "ficticious plate" on there. As soon as they get pulled over with a car in someone else's name with the wrong plates on it, they'll pull out that notarized title real fast so they don't get arrested for stealing the car.

 

Pretty simple stuff that should not need to be said.

 

Oh yeah, and don't sell to dirtbags.

Link to comment
Share on other sites

Originally posted by Tony:

The BMV is demanding that because they don't have proof the car was sold. If the buyer got a 30-day tag, there's your proof. Once again, as soon as that properly notarized title turns up, you are clear.

 

Lesson learned here: make a photocopy of the notarized title when you sell the car. Keep names and contact info of who you sell the car to. Your license plates are registered to your name. Take them off the car when you sell it. Then the buyer has to either get a 30-day tag or tow it, or throw a "ficticious plate" on there. As soon as they get pulled over with a car in someone else's name with the wrong plates on it, they'll pull out that notarized title real fast so they don't get arrested for stealing the car.

 

Pretty simple stuff that should not need to be said.

 

Oh yeah, and don't sell to dirtbags.

If he got it notorized.
Link to comment
Share on other sites

If it was not notarized then the car was never sold. The only way that the title office will accept a title is when the seller has it notarized. The buyer does not have to be present for the title to be notarized. If there are warrants out then it should be in the impound. One other thing is did the guys who bought the car keep the plates, or did you? Oh and one more thing, your license is suspended as of the date on that letter, so if you get picked up it will be on a suspended license
Link to comment
Share on other sites

I took the one plate on it, did not ever find the other plate, thought it was in the trunk, is possible it was in the spare tire space :(

 

On court suspension I am supposed to have license back in january, do I need to get this taken care of before hand?

Link to comment
Share on other sites

I am not sure what the rules are on second offense. It would appear that by law you have a suspended license that no one checked to see about, then suspended it again. That seems more than a little weird, but you should have a public defender that is assigned to the case then. Your best bet is to talk to them about it first, then follow the above posts on retaining a lawyer
Link to comment
Share on other sites

OK, been through somehting similar to this myself only without the warrent being issues for my arrest and forfieture of my license. I sold a car I had to a buddy of mine. He lost the title, he went to the deputy registar BTW, bmv doesn't register cars ownership the specific county that you live in does and then provides ownership information to the state for law enforcement issues.

This was when I bought the car back. He was told that the car wasn't regisetered to him, it was still in my name. I had to go get a lost title for the car. Now, when I did that, I had them print me off a copy of ALL the cars that the county showed as being titled to me currently. It took 5 pages. Shit that I had sold as parts cars, shit that I had bought, pulled the engines on and junked, shit I just ran into the ground and junked. All titled to me. Many of these titles were signed over but never transferred ownership of.

 

Heres's the shit about this, that car is yours, it's in YOUR name, even if you sign over the title, in the BMV, until he transfers the title into his name, it's YOUR car. Even if you have been paid in full, if there is no other record, like a bill of sale, it's your car. And if someone goes out and runs someone over with that car, it's your car that is used in the commision of a crime. ALWAYS get a SIGNED bill of sale to keep with your records that you sold the car.

 

Now as far as the license forfiture, guess what, Ohio doesn't run license suspensions in consecutively, they stack them. You NEED to get this taken care of, if you don't as soon as you go get reinstated, they will charge you all the reinstatement fees, issue you a new license, and then, right there in the BMV suspend it again.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...