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  1. #1
    Join Date
    Dec 2012
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    124

    Default Trading in an Older Vehicle but Need a Title Replaced

    My question involves a consumer law issue in the State of: NJ

    We made a verbal agreement with a licensed car dealer & auto shop on 7/28/2020, trading our old car plus a check for a nice used car. We cannot find the title to our car but dealer said it's no problem & wanted to complete the transaction tonight. I held off hoping we would search once more to no avail. I can mail forms to DMV that takes about 2 - 3 months to receive a replacement. My concerns are (1) when my plates come in can he holds them until we have a new title to give, or (2) if he fixes our old car & looses a sale because he doesn't have our title, can the dealer have legal grounds against us because he couldn't make the sale or can't put it up for sale? The trade in was $1,000.00 & i suggested to pay that & wait until we have title to trade our car. Help/thoughts are appreciated as i know he will want to try & finish the deal this evening.

  2. #2
    Join Date
    Mar 2013
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    18,159

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    My suggestion. Don't do it until you have your title in hand even if it takes three months and you have to start all over.

    You're right. Too many things can go wrong. Car dealers are liars and thieves. Too many horror stories about this kind of stuff on these websites.

    Frankly, I would never do a trade in with a car dealer. They flim flam you with the figures and you think you are getting $1000 for your car when you are really getting nothing and paying $1000 more for the car you are buying.

    Sell your car privately. You'll have more bargaining power with the dealer if you don't have a trade to get screwed out of.

  3. #3
    Join Date
    Dec 2012
    Posts
    124

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Thanks for fast reply, our car really is only worth about 1k, plus in NJ (im sure in other states as well) people are lining up at DMV at 2AM in hopes of getting a spot sometime during the next day.

  4. #4
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    Mar 2013
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    18,159

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Do what you have to do and hope it works out.

  5. #5
    Join Date
    Nov 2013
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    6,999

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Quote Quoting krn001
    View Post
    My question involves a consumer law issue in the State of: NJ

    We made a verbal agreement with a licensed car dealer & auto shop on 7/28/2020, trading our old car plus a check for a nice used car. We cannot find the title to our car but dealer said it's no problem & wanted to complete the transaction tonight. I held off hoping we would search once more to no avail. I can mail forms to DMV that takes about 2 - 3 months to receive a replacement. My concerns are (1) when my plates come in can he holds them until we have a new title to give, or (2) if he fixes our old car & looses a sale because he doesn't have our title, can the dealer have legal grounds against us because he couldn't make the sale or can't put it up for sale? The trade in was $1,000.00 & i suggested to pay that & wait until we have title to trade our car. Help/thoughts are appreciated as i know he will want to try & finish the deal this evening.
    I fail to understand your concerns. If the dealer is willing to take your car as a tread -in without a title then obtaining a replacement title would be his responsibility not yours. And you can transfer your old plates to your new (used) car instead of getting new plates which is much less expensive.

    If you get a sales contract that clearly documents that you are trading in your old vehicle (VIN, make, model, and mileage on the odometer) then you have proof that the dealer took the car in trade and as is.

  6. #6
    Join Date
    Dec 2012
    Posts
    124

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Quote Quoting budwad
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    I fail to understand your concerns. If the dealer is willing to take your car as a tread -in without a title then obtaining a replacement title would be his responsibility not yours. And you can transfer your old plates to your new (used) car instead of getting new plates which is much less expensive.

    If you get a sales contract that clearly documents that you are trading in your old vehicle (VIN, make, model, and mileage on the odometer) then you have proof that the dealer took the car in trade and as is.
    The dealer expects us to get a replacement title BUT want's the car now which i believe we would still be the owner of car & be liable should anything happen.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,389

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Quote Quoting krn001
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    The dealer expects us to get a replacement title BUT want's the car now which i believe we would still be the owner of car & be liable should anything happen.
    Getting a proper bill of sale of the car to the dealership should help with that.

  8. #8
    Join Date
    Nov 2013
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    6,999

    Default Re: Trading in an Older Vehicle but Need a Title Replaced

    Quote Quoting krn001
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    The dealer expects us to get a replacement title BUT want's the car now which i believe we would still be the owner of car & be liable should anything happen.
    NJ doesn't have a release of liability form to notify NJ MVC that you sold the car. You don't need the title to sell the car to a dealer on a trade-in. If you get a bill of sale properly executed then you have proof that you sold the car. What the dealer does to properly title the vehicle for sale is not your problem.

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