Buying a car without the title

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  • jussi
    Veteran Member
    • Jan 2007
    • 2162

    Buying a car without the title

    I went with a friend the other day to check out and eventually buy a jointer he saw on craigslist. Found out the lady selling it was mother in law of the owner. While I was there I noticed a truck and she mentioned she would be eventually selling that as well. I briefly checked out the outside but she said she wasn't ready to sell so I didn't look hard. She had my number and said she would call me when she's ready. Now nothing is remotely certain. I'm not sure what she'll ask for nor if the truck is in good condition mechanically. But assuming everything works out. I assume the title would still be under her son-in-law's name. What's the safe and legal course of action to buy the truck. Do I have to wait until she gets the title transferred to her name. Do we both go to the DMV? Again, these are merely speculations as I have no idea if I will even be interested once I find out the particulars but was just curious as to the process when the title holder is not the one selling the vehicle. Thanks
    I reject your reality and substitute my own.
  • Pappy
    The Full Monte
    • Dec 2002
    • 10453
    • San Marcos, TX, USA.
    • BT3000 (x2)

    #2
    Not knowing where you are it's going to be hard to get an answer. Best to check with the office/agency where you have to change the title to get the right info.

    In Texas there are a couple of forms that need to be submitted with the title to the county tax office. All the forms and the title have to be signed by the owner/seller but the signatures don't have to be notarized. She could sign his name to the forms if he isn't able to and no one at the tax office would know as long as all the signatures matched. The only way it could be a problem is if she was selling it without his approval and he raises a stink about it.
    Don, aka Pappy,

    Wise men talk because they have something to say,
    Fools because they have to say something.
    Plato

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    • jussi
      Veteran Member
      • Jan 2007
      • 2162

      #3
      Totally forgot to add he is deceased. She and the family are in the process of selling everything in the estate. Including the truck. I'm in Los Angeles area.
      I reject your reality and substitute my own.

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      • JimD
        Veteran Member
        • Feb 2003
        • 4187
        • Lexington, SC.

        #4
        There will be somebody designated by the court to dispose of his property and satisfy any debts the deceased had. If he was married, it would normally be his wife. If he wasn't married but had a will, it could designate who would take over. If there is no will and he wasn't married, it would take a while for a court to decide what to do. Sometimes it is just a lawyer designated by the court. But somebody will have legal authority to dispose of his property.

        If you buy from somebody who has possession but not authority you just have a mess. Legally you would not own anything. You need to know whether the party you are talking to has been given the authority to dispose of the deceased party. If they are, they should have paperwork to show that.

        When my first wife died, it was me.

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        • Black wallnut
          cycling to health
          • Jan 2003
          • 4715
          • Ellensburg, Wa, USA.
          • BT3k 1999

          #5
          In my state a "lost title" can be claimed. In your state who knows. However if the deceased had title then a copy of the death cert and a signature from the executor of the estate I'm sure is all that would be needed.
          Donate to my Tour de Cure


          marK in WA and Ryobi Fanatic Association State President ©

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          • LinuxRandal
            Veteran Member
            • Feb 2005
            • 4889
            • Independence, MO, USA.
            • bt3100

            #6
            There are several factors that could play in, and some of them would just tick off a judge. If the title has a transfer on death clause and has no lien, they should be able to get the title pretty quick. If there is a lien or ANY other outstanding debt, then everything is up for grabs (and this is where is could get ugly), because sometimes people get the bright idea of trying to charge a storage fee. (trying to get the estate to forfeit the vehicle and possibly angering a judge)
            If you know the name of the deceased, keep your eyes out in the newspapers for the legal listings (settling of the estate). You could also call probate court and see if you could find out who the executer is.
            But just buying without a title, is effectively handling stolen property. IANAL, so you should see one in your jurisdiction.
            She couldn't tell the difference between the escape pod, and the bathroom. We had to go back for her.........................Twice.

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            • jussi
              Veteran Member
              • Jan 2007
              • 2162

              #7
              I was leaning on passing if they didn't have the title transferred and after listening to the opinions here that's what I'll prob end up doing. I don't need the truck that badly to go through the aggravation or worse yet doing something illegal.
              I reject your reality and substitute my own.

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