Dealership dropped the ball and did not take our names off the title..?

Question

We recently found out when we received our TX registration papers on a truck we traded off earlier in the year. We find out it is still in our name, we call the county clerks office, no help, called the dealership and they sold the truck to a wholesaler and have no clue where it is. They told us not to worry, there is a good paper trail on the truck proving we traded it off and nothing would fall back on us. Our loan officer at the credit union told us not to take that as an anwer, now we can not get any help from the dealership, no call back or email when we call to ask what to do or email. So, what do we do next. If they left us on the title, give the truck back and I will glady bring their truck back! Any advice of who to contact or what to do before something happens with this truck and we get brought into it even though we do not have it.

Thanks in advance.

I did just look over the vehicle registration form front and back, no where does it say if you no longer own vehicle to disregard the notice.

I also just looked and we traded the truck in February and after December the truck is no longer legal on the road. I will give the DA a call in the morning and see what they can tell, because the lady at the county tax assessors office where we pay for the registration was no help, she could not tell us what to do, she had no clue in her words.

I did finally find if you no longer own this vehicle destroy this complete form. Is it very smart not to get my name off the records, or atleast make them find the truck?

Answer 1

The dealership is not required to change the registration before they sell a vehicle, they will just give clear title to the purchaser and tell them they have 30 days to do the transfer. If the purchaser doesn't do the transfer, it remains in your name. If you look at your new registration, it will have "If you no longer own this vehicle, disregard this notice" on it somewhere. If you are worried about it, take the identifying information,VIN and license off the renewal form, and write the Texas DMV telling them you traded it to the dealership and they will note that on the computer.

Prevailing Texas law on the subject follows: I just sold a car. How do I transfer the title?

The seller must write the purchaser's name and address, the odometer reading and date of sale in the title assignment. Purchaser and seller must each sign both the title and the title application form (Form 130-U). Both signed documents must be given to the purchaser, along with the registration receipt. The purchaser must then go to the Midland County Tax Office and file the title application. Proof of current insurance will be required. The fee is $28, plus motor-vehicle sales tax (6.25 percent). There is also a $2.50 transfer of registration fee. If the license is not current, there may be a registration fee. When you purchase a vehicle from a licensed Texas dealer located in Midland County, the dealer is required to complete all the paperwork necessary to title and register the vehicle in your name. The dealer is also required to file the documents with the Midland County Tax Office within 20 business days of the date you purchased the vehicle.

(Although this is specific to Midland County, most counties are similar.)

Also, note the following: Q: I sold my vehicle several months ago, but the registration and title have not been changed to reflect the new owner's name and address. I'm getting notices about parking tickets involving that vehicle and the registration renewal notice has also come to me. What can I do?

It is likely the new owner has not transferred title into his or her name. Contact the Midland County Tax Office and fill out the Motor Vehicle Transfer Notification (Form VTR-346).

Or write a letter to:
Texas Department of Transportation
Vehicle Titles and Registration Division
Attention: Customer Information Services Branch
Austin, TX 78779-0001

Your letter must provide the vehicle description (year, make, vehicle identification number), date of sale, and purchaser's name and address. Upon receipt of the fee and the form or letter, the State will place a notation on the motor vehicle record stating that the vehicle has been transferred. The fee for this service is five dollars ($5.00). Checks or money orders should be made payable to the Texas Department of Transportation.

(You guys get a bargain there, Oklahoma charges $10 for this service.)

Answer 2

I would get down to the department of motor vehicles, and report it to them. I guess legally, - if the truck is still in your name, and you find it, you can then "take the truck back", as it is the same as "stolen"??

I suspect that if they have a wreck with it,-- it can be traced back to you , and you can be called to court! So be very sure that you have all the paperwork stored in a "safe place", - because you will need it to show to the judge!! The problem here though, --- is even though you can show that you acted in "good faith" when you traded in the truck , -- (so you will be absolved of the problem) -- it is going to take "X" numbers of hours,- (or days) to go through the trial, -- and nobody compensates you for that! And this is a "nasty way" to waste your "valeueable time"!!

If you can't get anyway there,-- I would be finding a lawyer to "cover our bases" before anything bad happens with the truck!

Answer 3

You cannot ignore this and the dealership is not being helpful, so take matters into your own hands. I would ask for some advice from some sort of legal affairs. Your lawyer may not know all the details about titles and such but I am sure they know how to find them. There are people out there who deal with property law and can help you put your paperwork in order. It may be something you can clear up on your own.

If it isn't something you can fix on your own and the dealer won't help, then your lawyer (or associated property law specialist) can help you take the proper legal actions to make sure you are compensated and not held liable for anything concerning this truck.

Definately get with some sort of legal affairs or property claims office on this one.

Answer 4

In my state when a vehicle is sold the owner (the one selling the car) is required to send registration to state with required info on it. Such as, who purchased the vehicle. This pretty much ends any question as to when and who purchased vehicle. I would say your obligation in regards to that vehicle have ended.

Answer 5

i'd call the DA i'll bet that will get things moving

Answer 6

sue the fool (if he diserves it) then get your money worth