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Old 04-12-2005, 10:32 AM   #1
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Title Transfer Help!!

After several months of gathering great information on this site, I've purchased a TT. Although it's not an AS it is a silver beauty! A 1971 28' Avion. Hopefully you'll treat me as a cousin and continue to dispense great advice when needed. I'll help with my limited knowledge when I can.

My question concerns title transfer. Here's the situation. Joe, the person I'm buying the TT from has a title signed by the previous owner (Sam). Sam's signature is not notorized. Joe and has never had the title transfered to his name. I've agreed to purchase the TT and my concern is this: Of course Joe wants me to make the check payable to him but what happens if Sam pops up later and says Joe never paid him. How to I protect myself?
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Old 04-12-2005, 10:41 AM   #2
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Have Joe go title it in his name, then transfer the title to you VIA sale of the trailer. It may cost a few $$ but it will offer security of ownership. If it really bothers you , you could offer to pay the title fee.
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Old 04-12-2005, 12:34 PM   #3
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I agree that you should have Joe transfer the title to his name first and then to you. Not only is it safer for you, but can also be cheaper for you. I recently purchased a utility trailer from a friend who had never transfered the title to his name. The trailer cost me $500 plus about $40 for title and registration/plates. It cost my friend over $300 in fees and late penalties to get the title to a point where he could actually sell the trailer.
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Old 04-12-2005, 02:28 PM   #4
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Quote:
Originally Posted by thenewkid64
Have Joe go title it in his name, then transfer the title to you VIA sale of the trailer.
That's exactly what I did! ...except it had been 2 owners previous that hadn't transfered the title and the legal title holder was dead.

The seller found the dead owners brother, not even the executor, and that man convinced the title bureau that he could transfer the title. The story was so ridiculous that they went for it. I didn't pay the title fees because that's not my problem and I was still angry about my how I couldn't title my Serro Scotty. That guy said he would give me a bill of sale and then changed his mind when he and his big pal decided to intimidate me to leave...I really wanted that camper so I just left. After much research I found that I could get a salvage title but I would have had to forge a bill of sale. I decided to just sell it on Ebay and let the new owner get the salvage title in Michigan, which she did just fine.

Don't assume it will be easy to get a title from thin air. It's not suppose to be easy unless it's legitimate.

Good luck,

Steve
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Old 04-12-2005, 04:05 PM   #5
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Thanks for the advice. I had lunch with an attorney friend. He advised that this kind of transaction happens everyday when an auto is sold at the dealer. You sign the title over to the dealer and dealer holds the title until the next buyer comes along. His advice was to get a notorized Bill of Sale from the original owner "Sam" selling it to the current owner "Dave". Bill of Sale must be marked "paid in full and all leins have been released" and both Sam and Dave's signatures must be notorized.

Now I need a Hensley Hitch!
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Old 04-12-2005, 04:16 PM   #6
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It's up to you!

In Florida (and other states) what you describe is illegal. It is called 'skipping title'

It can be done legally if the person you are buying it from IS A DEALER. That's what dealers do. There is also many states that have a location on the title transfer paperwork for the dealers ID number.

Individual owners & buyers 'Skip' title all the time and don't get caught. Most states want the sales tax on EACH sale.

Why don't you call the state tag/title office and ask them. You don't have to identify yourself. At least you will discover what the state wants you to do.

Then it's up to you!
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Old 04-12-2005, 04:31 PM   #7
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Geez! And I bought lunch for my friend the attorney. I guess it's back to plan "A". Joe is going to need to transfer title in his name which takes 10 days to 2 weeks to process then sell it to me. So, I'll have to wait to get the trailer. Oh well, it pays to do it right! Thanks for the help everyone.
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Old 04-12-2005, 04:32 PM   #8
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Post Trailer Purchase & Title

Quote:
Originally Posted by TheLuvShack
After several months of gathering great information on this site, I've purchased a TT. Although it's not an AS it is a silver beauty! A 1971 28' Avion. Hopefully you'll treat me as a cousin and continue to dispense great advice when needed. I'll help with my limited knowledge when I can.

My question concerns title transfer. Here's the situation. Joe, the person I'm buying the TT from has a title signed by the previous owner (Sam). Sam's signature is not notorized. Joe and has never had the title transfered to his name. I've agreed to purchase the TT and my concern is this: Of course Joe wants me to make the check payable to him but what happens if Sam pops up later and says Joe never paid him. How to I protect myself?
If I might make this suggestion. Have a bank cashier's check made out in your name. with the intention of endorsing the check to the seller. When you are ready to close on the transaction, and if for some reason the deal falls through at the last minute, you can always redeposit the check into your account.

Good luck,
Jim
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