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Situation.. would like some help..


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OK.. here's what my dumb a$$ just did and now I think I'm going to have to pay for it.. I know this is not the place to eally be talking about Trofeo's, but.. it's not exactly about that. <P> Here is the link to the trofeo I just sold last weekend.. <A HREF="http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=1822043624" TARGET=_blank>http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=1822043624</A> <P>OK.. this guy from Grand Prairie, TX flew up last weekend to pay for it and drive it home. Well, he gets here, checks out the car, pays me and such and i find out he has no transport plates or anything. in TX, a car gets plates for life basically, so when you buy a car, it will ahve plates already. even still you still ahve to register it to you. Ok.. anyways, so he has no plates whatsoever. anyone on here that lives in NY knows what a serious thing plates are. Here's where I get stupid.. The car is registered AND insured to me. So, me being a nice guy and in good faith, I decide to let this guy drive the car home with my plates on the condition that I get the plates immediately mailed back to me. Well, I get one e-mail from him on Monday saying he made it home. Since then, I have e-mailed his work and home addresses and have recieved no response. I have sent him an e-mail today saying that if I do not hear from him this weekend, First thing Monday morning, the plates are being reported stolen so I can take my insurance off the car. in NY, you can't cancel your insurance WITHOUT a recipt stating you turned in your plates. If this guy does ANYTHING wrong, like slam into someone, that will go on MY insurance. My insurance will then drop me like a rock. <P> i guess what I'm asking is for anyone who may live in the Grand Prairie, TX area to kepe an eye out for my car and see if it still has NY plates on it. If so, inform the authorities and have my plates confinscated. He will definitly be ticketed. If someone is in that area, please e-mail me and I can give you a street address to his home. There is also an additional $300 owed on the car. The selling price was $2800, $2500 of which I have recieved with a good faith agreement and a documented recipt stating the $300 still owed complete with signatures. each of us has a copy. The $300 remaining is required by the end of the month which was also agreed upon. I can't help but think I'm getting screwed. This guy would e-mail me everyday asking about the car and now a week with not even a word. If anyone can help me out, please let me know. IF there are any other suggestions, please let me know as well. <P>Thanks again.. Long live the collector car hobby!<P>Jamie

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BTW, my trofeo will be super easy to spot as it has a spoiler from a 90 Pontiac Bonneville and twin dual round tips on the back. one on each side. <P>Thanx

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Sound like you have some exposure. I live in Texas and the tags go with the car. When I sell a car, I make the buyer sign a bill of sale. Then I call my insurance provider and tell them I no longer own the car.<P>I can also fill out a state form (cost $7.00) that states I have sold the car and this alledigely gets loaded into the DMV database in the event the car or licence are involved in accident.<P>I would run a copy of all email communications (think a recent law make them legal documents) and provide them to my insurance company and state. They may not do anything but you have at least provided them with "legal" documents.<P>The guy may be keeping the licence until he gets his Texas tags. This should not be a time consuming thing.... first he must have the car checked by the Sheriff's department to verify the car and paperwork match on cars being brought into the state.<BR>Then he must apply for a Texas title and provide proof of insurance, then he must have the car safety inspected. He will get Texas tags when he applys for the title.<P>You may get the licence and you may get your $300, I hope that is you biggist exposure.

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Yeah.. have had some exposure.. lived in TX for 7 years. bought many a car there. grew up here in NY though.. kinda my home. My only problem is that I will ah ve ot file a ploice report for the plates stating they are stolen or have to go thru an extensive procedure and forms, etc explaining why the plates are lost. I don't really have a problem with him hanging on to the plates till he gets his, but he has no reaon to hold the plates. he has a second car to drive and I was promised that he'd park the car till he got it registerd.. the fact that I have not gotten a single response from him since his arrival with the car jsut scares the hell outta me. Knowing that no matter what he does, the car is still in my name and insured to me. If he gets into any kind of wreck which is deamed his fault, that will directly be reflected on my insurance since it's still insured in my name. Even if I could get my insurance to be dropped on the car, which I've already called about, NY State charges $8 a DAY for every day you have no insurance on current plates. this is why I would ahve to report them lost/ stolen. the fact that this guy refuses to contact me now would make me much rather report them stolen. I can in no way afford to have him put any kind of blemish on my insurance records. My Ex wife in Austin already did that for me. That car had brand new inspection sticker and current registration/ insurance. So.. I can imagine that he'd be having a ball with a fully legal car to be driving around for who knows how long. Wondering if it would be possible to have the Texas State police confiscate the plates?.. hmm.. I don't know will just have to see what pans out here over the weekend.

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As a former Comptroller for a number of new car dealerships in the state of Texas I am very well versed on how a car is registered in the state. First the buyer has to have a title. If you did not provide him with a title, he can't do anything. Also he must provide an Out of State Inspection Certicate, we used to call them "in the trade" the green slip. The buyer also must present a form called the U130. This document is the Title Application and serves also has a tax collecton form. This form must be signed by YOU to attest to the sales price and of course the buyer must sign it to attest to the fact he is the new owner. The U130 also should have listed you as the Lein Holder so you can be mailed the actual Texas Title, since the buyer still owes you money for the purchase. Once the buyer pays you, you simply sign the release of lein on the title itself and mail it to him. In some parts of the state, an emission certicate must be presented too. I don't know if he will need one. If he does, he must have the car tested at an approved location. Lastly, no car in the state can be register, inspected, or emission tested without proof of insurance. You should be listed on the policy as a loss payee, since you are the lein holder. To help you further, this is the number to my local Texas Department of Transportation Office, License & Weight Division: 409 924 5400. I'm sorry, I don't know the number to the State Capitol in Austin where TXDOT's main office is located. I handled everything out of this local office. I'm sure they can provide you with more numbers. Until he takes care of all of this, he can not get Texas plates. I hope I was able to help you. Howard

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Definitly some help as far as the number goes. unfortunately, until he decides o register the car as a tx car, it's a perfectly legal NY state registered car. He has the title, but there is a sales recipt showing he still owes $300 on the car. It was foolish on my part to turn over the title while he still owes on the car. This was all done on good faith. No more good faith from me.. that's for sure. The way it's looking, I have no choice but to report the plates stolen here as well as to the TX state athorities. I will NOT allow this guy to be driving a car registered and insured by me. I could in effect right now, fly to TX, jump in the car and drive away and if i got stopped, I would be perfectly legal with the exception of him still having the title. I just want to have my ties cut from this car so I have nothing to worry about. As far as NY State and my insurance are concerned, untill he registers the car in his name, he is effectivly borrowing my car. anything done with that car while in my name will directly affect me. with the exception of speeding tickets, etc.. <P> If he had been making an effort to stay in contact with me and to get my plates promptly returned, this might not be a big deal, but to not even say a word after numerous e-mails to his home and work address is just not a cool thing for me.

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Guest EDBS0

Thought I saw it leaving a Nashville 7/11 at high speed with money fluttering from a plastic sac that was not completely secured. Should be easy to find as was also leaving a trail of cigarettes (again poorly packed).<P>One more thing. The gas fill hose was still attached. Attached to the car and trailing behind it that is.<P>Evidently your purchaser must simply have "ADD" and simply forgot to pay for his gas, cigarettes and accidentally picked up the sac of money from the 7/11 clerk in error.<P>You should be hearing soon. wink.gif" border="0<P>PS; The huge scrape on the drivers side where he sideswiped the mini van of lawyers will probably be removable with "Paintless Dent Removal" except the rear fender which was flapping and rubbing on the rear tire.<P><B>FOUND!</B><BR> acura_nsx_042102_34.jpg<p>[ 05-18-2002: Message edited by: Easily Distracted by Shiny Objects ]

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I would go to the DMV first thing Monday morning with the bill of sale on the Trofeo, explain to the helpful clerks what you did, endure the "you are really stupid" looks they will give you, and get either the stolen plates receipt or the lost plate receipt and cancel your registration. I would then high-tail it to your insurance agent and cancel the insurance coverage on the car. You may very well be out the $300.00 but at least you won't be on the hook for any accidents this guy gets into.

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Guest Ranger

From my work experience:<BR>1) The license plates are not stolen, you <BR> gave him the plates, the police will tell<BR> you that this is a civil matter, it is.<BR>2) Go to your DMV and ask if they can "force"<BR> a title change, hopefully you have a bill<BR> of sale copy, a copy of his check, and<BR> any other supporting documentation.<BR>3) Until you get the title changed, you may<BR> receive warnings and warrants<BR> for unpaid parking tickets, photo red<BR> lights & photo speeding tickts, etc.<BR>4) You may have to hire a lawyer in Texas to<BR> retrieve your plates.<P>Good Luck!

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Did you sign over the title to him and did he have a Texas U130? These are the two items you are required to sign. If you did not sign both of these items, he will not be able to register the car in Texas. Hindsight is 20/20, but there is a lesson in this for all to learn. With online auctions growing in popularity as where as forums such as this one, the chances that one of us might sell our cars outside our state borders is much greater than is was a few years ago. When a sale does take place to someone we don't know and they live outside our state, we should investigate what is required to register a car in the state that the buyer lives. We need to make sure that the buyer brings with him all the documents that are required for that state. If there is money owed, then make sure a lein is properly recorded to protect your rights. This story points out a sad reality, a hand shake today is pretty worthless. Honesty is becoming rare indeed. I truly hope that the State of New York can get you off the hook by showing them the Bill Of Sale. Was it Notarized by any chance? Keep us informed. Howard

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JUst some of my experience:<BR>1) many states have a "in transit" plate just so a new purchaser can drive the car home & get the car registered. These are usually 7-21 day "temporaries".<P>2) Florida seems to have gone one better - you can drive a new purchase home without any plate so long as you have a recent (haven't checked how recent) bill of sale or signed title. Have driven new cars home twice now without a plate but still makes me nervous.

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If the TX deadbeat told you he would return the plates and hasn't --- they ARE stolen. Report it and then report it to local law enforcement where he lives. If you can wrangle a NY criminal charge and get a warrant issued (time consuming), notify the local TX cop -- they may relish the opportunity to roust their local puke (especially if they suspect him of the Atlanta 7/11 heist). Lots of ifs but, short of travel to TX, what else can you do.

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  • 3 weeks later...

NY State does have an "in transit" form not sure of plates. In the past when giving a car to my son I would get the "in transit" form for $10 which was good for the time period necessary for the trip (good for up to 10 days). I hope things worked out alright for your Texas problem!!

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Wow.. bene a while since I've been in here.. been very busy with 2 other cars.. Junk ford thunderbird and my new 73 Pontiac catalina.. <P>Anyways I apologize for leaving you all hanging on this story. <P>3 weeks and almost daily badgering of this guy finally got me my plates back. He claimed he could not afford the expensive shipping, but when they arrived, the shipping charge was $3.49.. lol.. As for the $300... I DO have a bill of sale, it is NOT notorized, but both of our signatures are on it. Is there anyw ay I can put a lien on the car until I get the remaining $300? I'm already out $100 worth of insurance I had to pay for those 3 weeks. <P> And yes.. BE VEEEEERRY VERY weary about who you sell your car to.. I STRONGLY recommend that if a bidder on your car has 0 feedback, contact them and get an explaination. Make it so they ahve to contact you in 24 hours or their bid is terminated. Have been seeing people with lots of GOOD feedback start a new account for a large purchase such as a car so they can protect their good feedback rating. And as far as having the right forms, well, that shoudl fall on the responsibility of the purchaser. I could have just told him... "sorry charlie.. not my car anymore and not my problem. you bought it, you get it home.. shoulda thought about that before." But then I'm a pretty nice and trustworthy guy and I lived in TX for many years and know that once a car there recieves a plate, it's pretty much there for life unless it's destroyed or lost.. My old Buick had an original 1963 set of plates that were put on when the car was bought new.. Was sold several times all with the same plate.. Many from TX have no clue how these things work in other states, so.. I carefully explained the laws here to him and figured he'd be appreciative of me allowing him to drive his new car home safely. Well.. that's what I get.. <P> Oh.. and I KNEW I did something seriously stupid before I even did it.. Been getting stupid looks ever since.. lol.. wink.gif" border="0 The price you pay for bein a nice guy I guess.. <P>Anyways. All that's left to recover on the deal is the $300. The end of this month will put the matter into legal hands and I will do what I can and can afford to do to get the money back as well as causing him some serious headaches.. Any thoughts or ideas would be VERY much appreciated.. wink.gif" border="0<P>Take care all and will try to keep my headc in here much more often.. <P>Jamie

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Since bill of sale has both signatures, what you have is a civil matter. I would try to contact a JP in the city where this guy lives and see if they could handle it in small claims court. If the transaction transpired in Texas, it would be no problem. Since the sale took place outside the state, I'm not sure as to where the jursidiction is. The JP could answer that. The fees are very small to file in a JP court in Texas, so you would not be out of much money. This question is, with the Texas JP courts accept the case? Howard

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Civil court will be an effort in futility. Filing and service fees will be $50.00 or more -- which will be included in any judgment you get -- but are likely uncollectible. Legal fees to get the judgment will probably not be collectible or includable in the judgment. That being said, unless you want to go to texas for the hearing, file the action in New York (otherwise after you file, deadbeat will appear and force a trial for which you will likely have to be present at expenses exceeding $300 -- also not includable), get a judgment and have it transcribed to Texas (the Texas clerk of court will help you with this over the telephone).<P>Good luck but you probably ought to consider the money lost.

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