JALLEN4 wrote:
In many cases dealers do not physically have possession of a title or MSO. They are often held by the floorplan source financing the inventory for the dealer. In this case the dealer sells the unit, collects the money, and then pays the financing source and receives the title or MSO. The problem can then start where the dealer uses the customers cash for operating expenses and fails to pay the floorplan source to obtain the title. This is called "selling out of trust" and unfortunately happens several times a year.
If it has truly been several months, the OP's daughter should immediately contact the Indiana DMV and file a complaint. Every state has laws about titles and no state would have laws where the dealer has months to produce a title. This time period is a prima facia proof of a problem. Good luck!
Yes. Some decades ago my bank floor planned quite a number of dealers - mostly auto (new) but some boat and RV dealers as well. Unannounced floor plan audits were conducted during the year to match inventory on hand to pledged collateral. Discrepancies were almost always found with car dealers and those needed to be reconciled (loaner car, test drives etc). Rarely would one expect to see such a discrepancy with RVs or boats or at least far fewer. Unfortunately sometime the discrepancy was due to the dealer selling the collateral and not making the agreed upon reduction in the line of credit. That is a serious offense in banking and on some occasions led to corporate bankruptcy and even jail.
The bank/lender has the collateral titles and thus 'ownership' of the vehicle, albeit the possession of the vehicle may be in the hands of the non owner buyer whose funds the dealer embezzled. Not a good place to be if you are the person who paid the dealer but was so excited to take possession of the vehicle so as to ignore the titling process or believe the dealer that the title would come "in due time". An individual caught up as a general creditor of a dealer is not a pretty sight.
Yes, you can purchase a vehicle and insist on receiving the title or equivalent at the time of purchase. The dealer can arrange with the floor planner to have the title/mso available at close. Just test that by telling the finance manager that there will be no wire transfer if both the vehicle AND title or equivalent are not available at closing. And if the dealer won't comply even faced with losing a sale, run away, don't walk.
OP's child probably has a big problem that didn't have to happen and is compounding it by not taking firm non-negotiable action.