Your legal input?

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AJ's Dad
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Your legal input?

Post by AJ's Dad » Tue Sep 13, 2011 8:12 am

I'll keep this as brief as possible but I am really in need of some legal advice, or someones experience in a similar case.
I bought a car from a lady in Richland. She gave me a signed title and registration that matched the VIN of the car and the home address where I went to buy the car. When I tried to transfer the title I was told the title was not the most recent title and that another persons name had been added to the title only 2 months prior. I contacted the seller. She said she had no idea that had happened. She had been in a relationship with another woman and she said that her "Ex Partner" had some how gotten her name put back on the title without her knowledge. She has given me story after story about why the situation can't be resloved. She's out of town, sick family members, she's sick, her ex partner is sick. On and On and On. I have managed to track down the ex partner. She says she is willing to sign off on the car if the person I bought it from will give her the money I paid for the car. Of course she is not willing to do that. I have asked for my money back but once I started texting and emailing that I wanted my money back, she has stopped replying to my efforts to contact her. I paid $5500 cash for the car. So far the best advice I think I have gotten is to take her to small claims court. ($5000 limit) I'm sure I would win and I wouldn't need a lawyer. Problem is, they will probably tell me to give back the car and tell her to give back my money. My guess is that she doesn't have my money any more. I bought the car the last week of May. I have contacted the Richland police but they say it's a civil matter and they can't get involved. I believe she knew the car had the other persons name on it and it's Fraud. If that's true then they should get involved. Any input or related experience would be appreciated. Please don't reply and tell me to go fire bomb her house or make threats to her. Believe me those things have crossed my mind but would only cause me more problems than I already have.

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AJ's Dad
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Bodofish
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RE:Your legal input?

Post by Bodofish » Tue Sep 13, 2011 9:12 am

Sounds pretty fraudish to me. The seller would have had to have signed the tile to add her partners name. To bad you paid in cash. Do you have a bill of sale for the car on top of the title? Sounds like there could be some nasty fighting.... Two women scorned. At least you have the car and a title signed by one of the parties. Put it in the garage so they can't recover it.

Pay a lawyer for a consult and maybe get a couple letters out of it.
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RE:Your legal input?

Post by 'OL GREY DOG » Tue Sep 13, 2011 10:44 am

having done a lil wheel'n 'n deal'n ( i own 8 boats..have bought 'n sold many more) ... #1 rule cash talks 'EDITED' walks ... #2 rule is .. i do all the transactions at the licencing place where any probs with the paper work can be taken care of before someone has my money or i have theirs !!! ..

kinda the 'ol shut'n the barn door after the critters all got out thing sry ..
..... GL ..DOG
Last edited by 'OL GREY DOG on Tue Sep 13, 2011 11:00 am, edited 1 time in total.

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AJ's Dad
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RE:Your legal input?

Post by AJ's Dad » Tue Sep 13, 2011 1:11 pm

I have bought and sold MANY cars. Normally when you see the address of where you are looking at the car and a VIN matching the car, you are good. This is a BIG learning lesson for even the seasoned used car buyer. No, I did not get a bill of sale. While changing the title on the last 10 or 15 cars I have bought, I have been told at the DOL, "You don't need a bill of sale, we just use what is written on the title. unless it's unusually low. Then we use a fair market value." To top this whole deal off, she wrote a lower amount on the title to save me money on sales tax. I have copies of emails referring to the amount I actually paid. Even one where she says she wrote the lower amount on the title. Thanks for the input so far guys. Anyone else have any thoughts?
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kevinb
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RE:Your legal input?

Post by kevinb » Tue Sep 13, 2011 3:44 pm

My wife works for the state and is very familiar with these types of situations. I will let her know and see what option(s) you have. I'll get back to you soon

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Marc Martyn
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RE:Your legal input?

Post by Marc Martyn » Tue Sep 13, 2011 3:44 pm

Ask your friends and see if they have an attorney. Call the attorney and ask if you can speak with them to answer a couple of questions. It helps to mention you know the attorney's client and that he referred you to him. Many will give you a half hour free consultation. I did that once and the attorney never billed me. He answered the few questions I had and I was able to resolve it after that.

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natetreat
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RE:Your legal input?

Post by natetreat » Tue Sep 13, 2011 5:41 pm

To add another name to the title, you have to sign for it. She knew that her ex was on the title when she sold you the car. When you win in court and she refuses to pay you have to send her to collections which will garnish her wages until you get your money.

Sounds like you need a lawyer consult either way, make sure you have all the interactions with them documented. Phone calls, in person talks, what they said etc. This situation really blows for you. Sheesh.

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AJ's Dad
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RE:Your legal input?

Post by AJ's Dad » Tue Sep 13, 2011 6:10 pm

Thanks for the additional input guys. Some more to the story is that when the two women split their relationship, they had to do a division of property. Lady #1 was ordered to grant use of the car in writing to lady #2. She says lady #2 took the written document to the DOL and convinced them that she was to be granted ownership of the car, not just use of it. Hence the DOL gave her a title in only her name. When lady #1 found out, she went to the DOL and got them to put her name back on the title. That's their story and they're sticking to it. What a drama. Hopefully I don't end up losing my $5500 Kepp the advice comming folks. Thanks for the help.
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RE:Your legal input?

Post by Rivercamp72 » Tue Sep 13, 2011 7:03 pm

AJ's Dad,

Look up WA DOL online and see if you can just transfer the title there. I've helped a couple of people that way. There's no "gate keeper" there. Yes, it is fraud. There are laws against that even if it is a "civil" issue. What a crock. Also look up vehicle sales in WA State to see if the state can help as well. Sorry for your pain. Keep us posted.

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Rich McVey
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RE:Your legal input?

Post by Rich McVey » Tue Sep 13, 2011 7:43 pm

The people at the DMV do not pay close attention to anything. I bought a motorcycle a few years a go and my then girlfriend went down and licensed it.

I NEVER put her name on ANYTHING and the DMV titled and registered it to her and her only. I didnt find out what happened until I was handed the registration and tabs a few days later. I married her and got the money back when I sold the bike so all is good, but I think you can pull almost anything over their eyes.

Court seems like your best LEGAL option.
Last edited by Rich McVey on Tue Sep 13, 2011 7:43 pm, edited 1 time in total.

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AJ's Dad
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RE:Your legal input?

Post by AJ's Dad » Tue Sep 13, 2011 8:36 pm

I was in contact with the DMV in Olympia when all of this started. The lady I talked to on the phone and through email was as helpfull as she could be. She got me to a certain ppoint and said there was nothing else she could do. I got her to contact the seller and get her started al least rying to do something but now I'm at a stand still. I did just get a text from the seller telling me that her attorney claims the DOL is the ones that screwed up and he is writing a letter to them for her to try to get it straightened out. Personally I think it's just another story from her and she's just trying to put me off a little longer.
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