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  1. #1
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    Nov 2008
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    Question Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    My question involves vehicle registration or title in the state of: Texas

    I sold a motorcycle in April for cash, and the owner agreed to transfer the title to his name. I signed the title over, and thought that was it.

    I called him months later to make sure he changed the title over to his name, and to my suprise, he told me he sold it. Luckily, he gave me the number of the person he sold it to.

    I contacted the buyer, and he agreed to go to the DMV with me next week. The title was in my name, and signed over to the second owner. He then signed below, and resold the bike without transferring the title to his own name.

    If the new owner and I (the original owner) go to the DMV, will the middle buyer be irrelevant, (and we can get this transferred to him) or what will be involved.

    Thank you.

  2. #2
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    Nov 2008
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    Current Missouri 3yrs/ California 40yrs
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    You sold the bike to a person that didn't register in their name, Re-sold to a third party. The middle person never bought the bike, they never registerd the bike, no proof you sold it to them, only bill of sale. So let the third party register bike, as you sold it to them. The only way there could be a problem is if the second party had some kind of run in with law, while driving bike. (accident, ticket, ect.)

  3. #3
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    Nov 2008
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    Will it matter if the second owner's name is on the title?

    thanks for the prompt reply!

  4. #4
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    Current Missouri 3yrs/ California 40yrs
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    If the second party signed the title over to third party then let the third party register the bike. There should not be a problem, make sure they take a recipt with them from second party, showing they bought the bike. The only this with this again if second party did something against law, then you could be responsible.

  5. #5
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    Jan 2006
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    I would have to do a bit of research but grabbing Michigans laws and applying to the situation; you could not transfer the title to the 3rd party if the 2nd parties name is on the title. Only a licensed dealer can pass title to a subsequent party without first obtaining a new title in the current owners name.

    I believe Tx acts the same.

    So, did you file the vehicle transfer notification with the Texas DOT like you aer supposed to?


    I believe the 2nd party is going to have to file for a new title in his name and then transfer that title to the 3rd party. If you filed the vehicle transfer notification, you are out of the pic and should stay that way. That is the one thing in livefasts posts that is correct and important. If the 2nd party did anything illegal while in possession of the bike using the bike, by trying to bypass the 2nd party, it puts in in place as owner during the time whatever incident it was took place.

    Get out of the picture.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
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    Nov 2008
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    I did not unfortunately, I knew the buyer somewhat, and trusted him (mistake)

    I know that in TX it is not mandatory but recommended.

    Will the DMV likely have me apply for another title?

    I don't believe that the reassignment area said "dealer", I think it just said "seller"

  7. #7
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    Quote Quoting xps1134
    View Post
    I did not unfortunately, I knew the buyer somewhat, and trusted him (mistake)

    I know that in TX it is not mandatory but recommended.

    Will the DMV likely have me apply for another title?

    I don't believe that the reassignment area said "dealer", I think it just said "seller"
    who are you? This post is for LiveFast's situtaion. If you have a question, you need to start your own thread.

    OK?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  8. #8
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    Nov 2008
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    I know ignorance is a poor excuse, but I did not fill one out.
    Since the second owner never got the bike put into his name, would the DMV be able to sort it out and consider him irrelevant possibly? Since really there is no proof that he bought it, and maybe just tell me to apply for another title and then transfer it to the 3rd party?

  9. #9
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    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    if his name is already on the title, you are going to have a hard time doing anything other than having him file for a new title.

    Most states do not like to see any erasures or corrections to anything written on to a title. In some states, the cure would be for the named owner to file for a new title and then proceed from there. Some states may be a bit more lax but since this would aid in theft sitatuations, they often do not overlook many things.

    his name on the title is some sort of proof he was involved in a purchase of the vehicle. If you want to lie to the DMV and tell them it was a mistake or whatever and try that, that is up to you but I tend to avoid anything that may get my ass in trouble. You will have to explain the his name on the title somehow.

    as I and another said as well, if this vehicle was involved with any crime after it left your possession to the 2nd party and his name never appears in the chain of title, guess who is going to be liable if anything happens?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  10. #10
    Join Date
    Nov 2008
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    4

    Default Re: Sold Motorycle in TX, Buyer Resold Without Transferring Title to His Name

    This bike was a little 250 Ninja that barely ran. I know that the guy I sold it to couldn't get it to run right, and it was never laid over, so I doubt there could have been any property damage caused by it.

    I did a search in the county he is from, and my county to see if there are any outstanding tickets in my name for anything he could have done, but nothing turned up.

    This has me a bit worried, what types of crime could I be liable for? It seems that if it is anything serious that could involve jail time, I would have to be present and seen to be charged with something like that, but I'm definitely a legal novice.

    What would probably be the best thing for me to do?

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