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  1. #1
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    Default I Sold My Car and the New Owner Never Transferred the Title

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

  2. #2
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    Did you fill out the title sale portion properly with the buyer's name and address?

    Did you keep a copy of both sides of the executed title?

    Did you get a signed and dated bill of sale and keep a copy?

    Did you properly notify the DMV of the sale and keep a copy of that notification?

  3. #3
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    Unless you're in California you probably also want to take the tags.

  4. #4
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    You really do have to follow the instruction to identify your state. Some basic facts can be helpful as well.

  5. #5
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    [QUOTE=Timaotc;846251]My question involves vehicle registration or title in the state of: Florida.

    Sorry folks, I posted an incomplete message by mistake. I have a long story.

    I sold my car around August 2012 for a guy that I found on the internet. I filled up the bill of sale, took copy of his drives license and everything. However, I forgot the documents on the office of a friend of mine, which was the place of the transaction. My friend lost the documents and time passed and I totally forgot take any action. It was a cash transaction; a couple days ago my nightmare began. The car was involved in a accident and I was contacted from a towing company, which was charging me certain amount of money. I called them and explain that the car was sold in 2012 and he said that the vin number was still under my name. He scared me saying that I could go to jail. After that I called the DMV, spoke with a supervisor and explained my case. They told me to send a notice of sale to them with all the information I could remember. I didn't have the name of the person that bought my car. I sent the paper to them and after 7 days was showing in their system as sold, however, with no buyers name. I called the towing company again and told them that the car wasn't in my name anymore. They said that they still need a name. Yesterday I received a letter from a collect agency charging me certain amount for his client, in the case, progressive, one of the insurance companies involved in the accident. I had access to the police report and the person that was driving the car on the accident is in jail right now. The car was with a piece of paper written "lost tag", the car was never registered, had no insurance, the driver hit and run and was under the influence of alcohol. He said to the police that he was "testing the car" because he was willing to buy. After all this crazy story my question is: can these companies came after me now that the car is showing as sold on DMV system? And supposedly is not in my name anymore? What should I do? I don't want to pay anybody because I act in good faith and wasnot involved in this accident in any circumstances. The towing company will also send the car to auction and told me that a lien will be added to my name to pay the remaining balance of their costs. Can they do that now that the car is "sold" at DMV system?

  6. #6
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    As far as the world is concerned, you owned the car on the date of the accident.

    The date you notified the DMV is the date you no longer owned the car, not the backdate that you put on the notice.

    All you've done was "say" that you no longer owned the car. You have no "evidence" that you sold it prior to the accident. Courts require "evidence" not just sayso. The DMV "system" is no evidence of anything.

    So, yes, the collection agency can, and will, come after you and, yes, a lien can go against you.

    Worse, if somebody makes a claim against you for injury or property damage due to an uninsured accident, you might end up with your license suspended until you pay it.

  7. #7
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    Florida does not require that you file form HSMV 82050 in order to avoid liability after the sale of a vehicle, but it is a good idea to do so and to meet the deadline of doing so within thirty days of the sale:
    Quote Quoting Florida Statutes, Sec. 319.22(2) Transfer of title.
    (2)

    (a) An owner or coowner who has made a bona fide sale or transfer of a motor vehicle or mobile home and has delivered possession thereof to a purchaser shall not, by reason of any of the provisions of this chapter, be deemed the owner or coowner of such vehicle or mobile home so as to be subject to civil liability for the operation of such vehicle or mobile home thereafter by another when such owner or coowner has fulfilled either of the following requirements:

    1. When such owner or coowner has made proper endorsement and delivery of the certificate of title as provided by this chapter. Proper endorsement shall be:

    a. When a motor vehicle or mobile home is registered in the names of two or more persons as coowners in the alternative by the use of the word “or,” such vehicle shall be held in joint tenancy. Each coowner shall be deemed to have granted to the other coowner the absolute right to dispose of the title and interest in the vehicle or mobile home, and the signature of any coowner shall constitute proper endorsement. Upon the death of a coowner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle or mobile home was held in joint tenancy. This provision shall apply even if the coowners are husband and wife.

    b. When a vehicle or mobile home is registered in the names of two or more persons as coowners in the conjunctive by the use of the word “and,” the signature of each coowner or his or her personal representative shall be required to transfer title to the vehicle or mobile home.
    The department shall adopt suitable language to appear upon the certificate of title to effectuate the manner in which the interest in or title to the motor vehicle or mobile home is held.

    2.When such owner or coowner has delivered to the department, or placed in the United States mail, addressed to the department, either the certificate of title properly endorsed or a notice in the form prescribed by the department. In addition to the information required by the department under this subparagraph, the notice must also contain the information required under paragraph (b) when the title being transferred is to a motor vehicle.

    (b) An owner or coowner who has made a bona fide sale or transfer of a motor vehicle and has delivered possession thereof to a purchaser shall notify the department within 30 days after the sale or transfer in the form prescribed by the department. Notice by such owner or coowner under this paragraph shall satisfy the notice requirement under subparagraph (a)2. for limitation of liability under paragraph (a). The notification shall include the vehicle identification number and the buyer’s full first name, middle initial, last name, and personal or business identification, which may include, but need not be limited to, a driver’s license number, Florida identification card number, or federal employer identification number, and any information required by the department. This paragraph shall not apply to any transfer or sale to or by a licensed motor vehicle dealer or to an insurer who has taken possession or is taking possession of the vehicle or the title thereto pursuant to a policy of insurance.

    (c) The department shall inform the motor vehicle owner or coowner of the requirements of this subsection with the issuance of each certificate of title to a motor vehicle. The information may be printed on the certificate of title or on a separate form that is included with the certificate.

    You have stated that you made proper endorsement and delivery of the title. The difficulty you are facing is that you have not retained a copy of the title, and there is thus some question as to whether the car was in fact conveyed to a buyer.

    If the car was purchased with a traceable means of payment (e.g., a check), it may be possible to get the buyer's information through your bank records (i.e., their record of your deposit of the check). If the person driving the car claims he was test driving the car, odds are the police have either investigated that complaint and identified the seller, or have determined it to be false (based upon no reports of a stolen or missing car, and the driver's inability to provide any information about the seller's identity or location). I would expect the conclusions of the police to be reflected in their report.

    Do you still have the license plate from the vehicle you sold? Did you transfer it to another vehicle?

  8. #8
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    Unfortunately was a cash transaction due to low value of the car. Yes, the plate that used to be in the car that I sold is now on my new car.

    I would like to thank you everyone for the replies, it means a lot to me. I'm really desperate about this matter, because like everybody read, this is all my fault, since I lost the documentation. So, are you saying that I should go to the police station that filed my case, and try to find out if they deeper investigated the case and find out about the person that was willing to sell the vehicle to the this person that was driving? Based on what he said, of course, because he may also be lying.

  9. #9
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    Quote Quoting Timaotc
    View Post
    Unfortunately was a cash transaction due to low value of the car. Yes, the plate that used to be in the car that I sold is now on my new car.
    I think retaining the plate may save your bacon.

    I suggest you consult an attorney about how to get out from under this.

    You might not have any legal liability but that isn't going to stop the bill collectors from doing you damage.

  10. #10
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    Default Re: I Sold My Car and the New Owner Never Transferred the Title

    If it were me, I would get a copy of the police report to see if anybody but the driver is identified as a possible owner, and verify that no theft reports were filed in relation to the vehicle. I would then consider writing letters to whomever is trying to make a claim, to the effect of,
    Quote Quoting Letter Denying Liability
    On [Date], I sold the vehicle that was involved in the accident [to NAME, if available]. At that time I made proper endorsement and delivery of the certificate of title, conveying the vehicle to the buyer, and removed the license plate from the vehicle. The buyer then took immediate possession of the vehicle. Per Florida Statutes, Sec. 319.22(2) I am thus relieved from any civil liability relating to the subsequent use of the vehicle.

    To the best of my knowledge, the present owner of the vehicle is [name of buyer, if known; name of owner identified in the police report, if buyer's name is not known; name of driver if the car was not reported stolen and no other ownership information is available]. Although it is regrettable that the buyer did not follow his legal duty to register the car after purchasing it in 2012, I am not responsible for any damages caused by owners or drivers subsequent to the date of sale.
    I would also contact the collection agency within the thirty day window, demanding verification of the claimed debt, instructing them to not contact me again about the debt, and attaching a copy of my letter to whomever is making the financial claim.

    That's my approach; other people will have different ideas and suggestions.

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