04-20-2017 05:42 AM
Hi domestic sale of an antique. Money was wired in full days ago but the title remains in my name. Buyer has vanished. This is not a scenario I anticipated and the funds have already been committed to other things. Buyer is not returning calls or texts or at this point asking for a refund. As far as I'm concerned it's his car. What should I do?
04-20-2017 07:02 AM
Days is not long! These things can take weeks. Give it a little more time before you panic. If you don't hear from the buyer in a few more days send a registered letter with storage a fee schedule attached. If that doesn't get thier attention then you can take other action. Legally the vehicle is still yours until the title is transfered.
04-20-2017 09:22 AM
This Belair? http://www.ebay.com/itm/1957-Chevrolet-Bel-Air-150-210-BelAir-/182519064354?hash=item2a7efbe722%3Ag%... He is probably arrainging the shipping. International buyer?
04-20-2017 11:46 PM
I once had a buyer dissapear on me.
I held the car for 6 months before I put it up for sale again.
That was over 10 years ago.
Never heard back and I still have the same phone number.
04-23-2017 07:32 AM
I wish that people wouldn't come here and practice law without a license. The concept of a "sale" and "title passing" has nothing to do with recording the title at the county courthouse. The sale occurs and title passes, then we catch up our records and have the new title recorded.
You can remidy the problem for filing for an abandonded vehicle. If you are paid, send the new owner the title by Registered US Mail. If not picked up, report it abandoned.
04-23-2017 08:03 AM
Alright Perry Mason. Here is an experienc I had. I sold a MGB on eBay and the guy sent me a cashiers check. I contacted him and asked him were he wanted the title and bill of sale sent. He said hold on to them and he will pick them up when he comes and gets the car in a few weeks. I said ok. 3 weeks went by and I hadn't heard from him. I contacted him many times through ebay with no respose. I sent hime a registered letter and it returned unclaimed. I got his phone number through ebay and called many times and left messages, with no reply. After 6 months, his phone number was disconnected. I made an attempt for 2 years to contact him with no success. I asked an attorney friend what I had to do and he said that since the car was still titled in my name and the car was in my possesion, I technically legally owned the car, no mater if money had been exchanged. He said that even if the guy picked the car up and never transferred the title into his name, I was legally the last owner of the car. I sold a Buick several years ago and the guy picked the car up. 6 months later, I received a phone call from a police department 400 miles away about my abandoned car. I told them the situation and told them who bought it. It's obvious that the buyer never transferred the title into his name. They said they were going to impound the car and I said I didn't care what they did with it. Never heard anymore about it. Back to the MGB. After 3 years, I never heard from the buyer, so I resold it. That was 10 years ago.
04-23-2017 08:44 AM - edited 04-23-2017 08:45 AM
If you sell here long enough you are bound to have an experiance like that. Often it's for a second profit but it comes with more headaches and stress. Buyers can end up in jail, in the hospital or just up and die. And many times, nobody in the family has a clue that they bought something.
04-23-2017 10:24 AM
AHhh, this brings back memories of the old Merkur story!
Guy I work for had an old Merkur (remember them? No? You're lucky!). I list it on here, for I thik c. $2K at the time. A guy buys it and puts in the $500 deposit. Never heard from him again. After a month or so, and all attempts at contact had failed, we relist it. Another guy sends a deposit. We never hear from HIM again! 😮
Relist it yet again.....this time, the buyer pays in full. We NEVER HEAR FROM HIM AGAIN!!!!
Long story short, I forget at this point if we get one more deposit on it, or if the next buyer was the one who actually took it....but after about 6 months, the car is actually bought by someone who both pays AND actually takes the car! My friend/employer ends up with a grand total of like $5500 for the $2K car!
Funny thing was, right around the time we were selling that Merkur, we also list an old semi dump trailer...which gets paid for in full ($2500), and never claimed by the purchaser.
That was quite a few years ago. Used to get scenarios like that once in a while- but since the Merkur/trailer incident, we haven't had any more such incidents; but those two were certainly doozies! (I was so sick of listing that Merkur, If I ever see another one, I might run amok!)
04-23-2017 12:13 PM
Like wise. Where I live the county courthouse has absolutly nothing to do with titles.
If you send the title and the new owner does nothing with it you will be reporting your own car as abandon.
04-23-2017 03:29 PM
You are proving my point. "Last registered owner" is not necessarily the current owner. Someone who buys, yet never records the transaction can still be the owner (except in real estate).
However, I'd just relist the car and sell it again. If the buyer skips out, you are not expected to hold the goods until time itself comes to an end.
04-23-2017 05:46 PM
Actually Tony, in Indiana you can hold current deed to a property and not have it recorded.
It can turn into a messy situation but has happened quite a few times to some investor friends of mine... and to me. Sometimes we get so busy we just forget to go to the court house and record things.
It usually only happens on cash purchases however because banks make sure they get their liens recorded along with the deed.
Another weird Indiana thing with deeds... you can quick claim deed a piece of property over to another person without their knowledge or consent. It is a simple form and only requires the signature of the seller... Once recorded it becomes the property of whom ever you assign it to.
Had a friend who got stuck with a contaminated piece of property. He tried to get rid of it but couldn't get anyone to take it. On top of that he was getting hassled by the city for the clean up. Finally he asked me what I would do... I kiddingly told him to deed it over to mayor.. He did. 😄
04-24-2017 04:13 AM
04-24-2017 04:49 AM
Glad it worked out.
04-24-2017 08:21 AM
Very good! As online vehicle sales go, that sounds like a FAST, smooth deal! Would they were all like that! (Don't relax quite yet though....no matter how nice the car is, the new owner still may find fault and try to hassle you after he gets it- but probably not. Usually people who are into classics are saner than the general public- or at least more realistic...or know more about cars.....)
Same guy who sold the Merkur, sold a 25 year-old Mercedes for $2500.......and gets sued, because there was a ding in the bumper, and the cigarette lighter didn't work! There are all kinds of crazies out there.....
04-24-2017 01:55 PM
I actually have a Merkur XR4ti.....................