โOct-31-2017 08:44 AM
โNov-05-2017 11:52 AM
Grit dog wrote:Makin' Do wrote:
OP again. It seems this topic has gotten a little out of control and I'm sorry that a couple of posters are perhaps less than happy with each other. All responses are more or less valid in their own way and I have taken them all into consideration. Again thanks for all your replies.
Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement. I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV. My insurance policy (State Farm) says that I am covered when driving another persons vehicle whit their permission. When I get home I'll send him his plate, registration and that Star Bucks card. I'll leave him with a bottle of JD since I can't send that thru the mail.
And after all this good, bad and/or entertaining and some way out there advice, you actually picked the worst possible option for both of you. Youโre leaving with a vehicle signed over to you and fabricating some story to your insurance that they could or will deny if you crash it. Then the seller will show that he sold it to you so you or your ins will be responsible.
Buy the thing, get a signed title and bill of sale. Leave the plate on or take it off who cares. On makes you less of a target for the cops, off shows you just bought it. Go home and register it.
And if you want, make sure your state has a grace period. Guessing they all do because you canโt instantly register a private party vehicle without dragging the seller to the dmv.
โNov-05-2017 10:46 AM
โNov-05-2017 08:54 AM
JALLEN4 wrote:
I do appreciate your opinion as wrong as it may be. Unless your practice is in automotive law, I dare think I know more about the subject than you. I paid the money to your brotherhood to become educated.
โNov-05-2017 03:44 AM
DownTheAvenue wrote:JALLEN4 wrote:DownTheAvenue wrote:JALLEN4 wrote:
With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.
A very interesting post, and not factual, at least in the states where I am admitted to the bar and licensed to practice. While the state DMV may not consider the new owner until they have changed title information, if a buyer has given consideration (money) that is all that is necessary for a purchase. Of course, without a paper trail (bill of sale signed by seller and buyer) intent may be hard to prove.
Anyway, this is too far off topic, but I would be glad to discuss it in a new thread.
It is on topic when the discussion involved driving on the sellers tags. Your opinion that it is not factual may well be true. Of course that would mean the tens of thousands of dollars I paid actual Automotive Attorneys was wasted during my forty years of owning and operating new car dealerships. You also may well be on to something as a money making opportunity. You can save dealers money on the insurance they are often sold covering the eventuality described.
I am sure your many years as a successful business man in the automotive business exposed you to many issues. However, what you stated is factually wrong. Some states do not issue titles on certain automobiles. Georgia, one of the states where I am admitted, will not issue titles on a whole list of vehicles, including 1962 model year or older, and will only issue a title under certain situations on a 1963- 1985 model year vehicles. Prudent business practices and actual laws can be very different, and you seem to have confused the two. A basic element of law for any transaction to be complete is consideration. Look at the deed to your house: it most likely says something like for ten dollars and other consideration, value received and paid at hand. Did you really pay $10 for your house? Of course not. Look up the term, "animus contrahendi". Once consideration is paid, the animus contrhendi has been satisfied and the transaction, from a legal stand point, is complete.
I suspect what has confused you is the complex transaction where you would "sell" an automobile to a buyer and hope you can then sell the contract to a lender, known as "spotting". The legaleze in the contract allows for this and there was probably language that stated the sale is not complete, or the animus contrahendi, if you will, is not satisfied until the loan has been accepted by a lender. Ever had to call a buyer back to sign a new contract with different terms? You could do that based on the language in the contract. If that specific language was not there, the buyer could say screw you, I gave you my trade in (consideration) and I now own my new car. You see, in a contract, people can agree to most anything, and that then becomes the binding agent. I think that is what you have confused with actual law; your contracts in your business provided for certain procedures.
Sorry this is so long, but the issue needed clarifying.
โNov-04-2017 09:17 AM
โNov-04-2017 07:15 AM
JALLEN4 wrote:DownTheAvenue wrote:JALLEN4 wrote:
With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.
A very interesting post, and not factual, at least in the states where I am admitted to the bar and licensed to practice. While the state DMV may not consider the new owner until they have changed title information, if a buyer has given consideration (money) that is all that is necessary for a purchase. Of course, without a paper trail (bill of sale signed by seller and buyer) intent may be hard to prove.
Anyway, this is too far off topic, but I would be glad to discuss it in a new thread.
It is on topic when the discussion involved driving on the sellers tags. Your opinion that it is not factual may well be true. Of course that would mean the tens of thousands of dollars I paid actual Automotive Attorneys was wasted during my forty years of owning and operating new car dealerships. You also may well be on to something as a money making opportunity. You can save dealers money on the insurance they are often sold covering the eventuality described.
โNov-04-2017 05:06 AM
DownTheAvenue wrote:JALLEN4 wrote:
With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.
A very interesting post, and not factual, at least in the states where I am admitted to the bar and licensed to practice. While the state DMV may not consider the new owner until they have changed title information, if a buyer has given consideration (money) that is all that is necessary for a purchase. Of course, without a paper trail (bill of sale signed by seller and buyer) intent may be hard to prove.
Anyway, this is too far off topic, but I would be glad to discuss it in a new thread.
โNov-03-2017 09:36 PM
DownTheAvenue wrote:JALLEN4 wrote:
With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.
A very interesting post, and not factual, at least in the states where I am admitted to the bar and licensed to practice. While the state DMV may not consider the new owner until they have changed title information, if a buyer has given consideration (money) that is all that is necessary for a purchase. Of course, without a paper trail (bill of sale signed by seller and buyer) intent may be hard to prove.Anyway, this is too far off topic, but I would be glad to discuss it in a new thread.
Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement. I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV...
We must be willing to get rid of the life we've planned,
so as to have the life that is waiting for us.
โNov-03-2017 02:21 PM
JALLEN4 wrote:
With all the lawyers in training and supposed real lawyers responding, it is interesting no-one has pointed out one very important fact. In every state, the sale of a motor vehicle is not considered to have been consummated until such time the title is transferred to a new owner. The fact that the previous owner signs the title and gives it to the new owner does not consummate the deal until such time the vehicle is actually titled in the new owners name.
โNov-02-2017 11:34 AM
Makin' Do wrote:
OP again. It seems this topic has gotten a little out of control and I'm sorry that a couple of posters are perhaps less than happy with each other. All responses are more or less valid in their own way and I have taken them all into consideration. Again thanks for all your replies.
Now, here's what the seller and I agreed to do, and we are both comfortable with the agreement.I'll leave with his plate and registration and his written statement that I have his permission to be in possession of and use of his RV.
My insurance policy (State Farm) says that I am covered when driving another persons vehicle whit their permission. When I get home I'll send him his plate, registration and that Star Bucks card. I'll leave him with a bottle of JD since I can't send that thru the mail.
We must be willing to get rid of the life we've planned,
so as to have the life that is waiting for us.
โNov-02-2017 09:32 AM
WTP-GC wrote:
He should have retrieved the crate and taken it the local PD and turned over as recovered property. Otherwise, he's likely to be detained while his home is searched by FBI agents and K9 units. Then off to jail, court, 60 months in prison and registration on the sex offender list. All because that milk crate was laying on the side of road and it looked too handy.
โNov-02-2017 09:04 AM
2012Coleman wrote:
Obviously, you have never seen a thread concerning plastic milk crates on here.
โNov-02-2017 08:43 AM
From Florida http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/Sections/0320.02.html
It is a CRIMINAL OFFENSE for a person to drive an automobile if that automobile isn't properly registered. Penalties include;
2nd degree misdemeanor charge
$500 fine
60 days in jail
6 months probation
We must be willing to get rid of the life we've planned,
so as to have the life that is waiting for us.
โNov-02-2017 06:24 AM
Makin' Do wrote:
I'll try and make this short. I live in West Virginia and want to buy a used RV from a private party in Florida. If I want an "in-transit" tag from Florida to drive the RV back to WV, I have to pay FL 6% tax, equal to the WV tax, to get that tag. When I title the RV in WV I would have to pay the 6% tax again because WV will not give me credit for paying the tax in FL. 12% is more than I want to pay.
So, the question is, can I pay the owner for the RV and have them sign the title over to me and just get out of state and skip the tag?
BTW, the owner is willing to leave their FL plate and insurance on the RV until I get back to WV.