Car title issues

[Unregistered]

Hope y'all can help me with this. I just want to hear an outsider's opinion.

My sis and bro-in-law sold my girlfriend (now wife) a used car 2 1/2 yrs ago. They said (and believe) they cut us a major deal. My estimate is that they may have given us maybe 1k less then what they could have gotten in trade-in. We had to replace a blinker/hazard lights module which was going to cost 700 bucks to have it done at a repair shop. We (w/ my dad's help) just replaced the entire steering column for $150. Also, the car was just plain filthy on the inside, and the electric windows work only when they feel like it. The car was around 120k miles when she (my wfie) bought it.

Okay.

They said they couldn't find the title, but would get it to us when they did. My sis is quite unorganized, so this seemed normal. However, here we are 2.5 yrs later, and she still hasn't given us the title. She has been going to the tag agency and getting the tag sticker for us in the meanwhile. Needless to say, my wife and I are quite concerned. My sis has be really vague about the issue with the title. I am suspecting it has a lien on it. My sis claims that she paid off the car 2 months after my wife bought it from her, but the loan was sold to 2 different companies and they are giving her the run around.

My wife want to give the car back and ask for some of the money back. This won't work of course. My wife and her have been exchanging angry emails the last few days, and it's probably going to cause Christmas to suck big time.
I told my wife that I would handle it, and to let me talk to my sis. My wife is a bit strong willed though.

Thoughts?

 

[Dave]

My first thought is that without the title or any paperwork in your name then your sister could take the car back at any time and there would be nothing you could do about it. Without that paperwork you can't license it or get it insured. You basically have a choice to make based on what I am reading.

1. Give back the car & expect no money. You had it for 2.5 years without a car payment. Consider it a lease.
2. Drive your sister to the DMV with the paperwork you DO have and the VIN number, then have her stand in line with you. Ask her to lunch or something and say you have a brief stop. Underhanded but it doesn't seem you can rely on her.
3. Take everything out of it and park it in a no parking zone. It'll get towed and they'll get the bill. They want it back and they'll have to pay even more. That's the evil way of doing it.

I just went through the same thing with a friend of mine who sold me his car. By the time I got the title the car was no longer running.

 

[Ravenpoe]

Cut your loses and donate the car to mythbusters

 

[Dave]

They can't without the title.

 

[strawman]

Honestly? You both screwed up. You should not have accepted the car and made the initial payment without seeing her sign the title over to you, and same day going to the secretary of state and having it transferred so it would be finalized. You finalized the payment without finalizing the transaction.

On the other hand, the person who sold it to you screwed up by not having the title free and clear.

The only problem you really have is if you want to get some money back out of it.

Personally, I'd follow Dave's advice. Assume you can never sell the car, and assume you're never getting your money back.

When the car becomes utterly broke, tow it back to their house, because it's legally their car and you cannot legally give it to charity, another person, or even a junkyard without the title, and you don't have it.

Let them know that you'd like the title, but you're going to drop the matter. Make sure they understand that since they haven't transferred the title, then they may end up with it being towed back to their place once you decide you can no longer use it. Indicate that this is not what you want to do, but legally you have no choice.

The harder problem will be convincing your wife that this is what's best, and truly having her drop the issue. Unfortunately this is one of those little things that burns people up years later, and ruins years of family gatherings because one and/or the other person are unwilling to forgive a debt.

If it were my wife, I'd simply say, "Look, they screwed us over. It's over and done with, and they aren't going to bend. The reality is that we should not have purchased a car without a signed title. Yes, they took advantage of us, but we let them do it, and at this point they aren't going to budge. We can either be angry at them and be stuck with a car we can't sell, or we can forgive them and be stuck with a car we can't sell. At this point it's our choice, but it's going to color our interaction with them for a long time."

Sorry you're in such a bad position, I know it's not fun. But consider cutting your losses, learning your lesson, and moving on.

---------- Post added at 05:24 PM ---------- Previous post was at 05:16 PM ----------

Oh, one more important thing. If you crash the car, guess who the insurance will pay? You might want to check your policy.

Also, go to carmax.com and get a free vehicle history report, which should tell you if the title is clear or not.

 

[drawn_inward]

That was me up in the original post. I haven't posted in a long time, and felt odd about logging in for this.

Thanks for the replies and sound advice. Adam, I appreciate what you wrote about what to say to my wife. When I get screwed over, I tend to not make a huge deal out of it. Getting bent out of shape usually doesn't help the situation. I am worried the most about family interactions from this point on. Both women hold grudges for a long time.

They have both agreed to stop discussing it, and only my sis and I will discuss things further.

I am fine with seeing it as a lease and dumping it at their place when we're done with it, if we don't have the lease by that point.

It was a rookie mistake that won't happen again. Don't assume that anyone else has your best interest in mind.

 

[drifter]

Sorry that it took such circumstances to see you post again. Could've used your expertise in the HIV thread

 

[drawn_inward]

Sorry that it took such circumstances to see you post again. Could've used your expertise in the HIV thread

Thanks, but Chaz is the virus guy. I'm the bacteria guy. Besides, I'm an ecologist, not a pathogenic microbiologist. I've been up to my ears in work, that's why I haven't been around much.