We sold a car with frame damage, have a title mess, what now?

Question

We recently sold a car as a "parts car", being honest--we had a clear title, it was an old car with the frame rusted through. The buyer came with a tow device, and said he wanted to buy the car as a donor car for another car he had.

The first red flag was, he said he was a notary, and notarized the title himself. We don't know if he filled in his name on the title--we had never sold a car this way.

Anyway, he bought the car (for very little money), and I called the DMV being nervous about the damaged frame--they told me I could be held liable if this guy sells the car to be on the road, and I should get a copy of the title and junk it, to protect myself and others.

When I called the guy, he said he thought the damage wasn't that severe and wanted to repair the car (it's a uniframe, 15 yr old car, the frame shop told us it couldn't be made safe by welding the frame--a new frame would cost far more than the car is worth).

This car shouldn't be on the road--what do we do now?

Guess I should add that we didn't write a bill of sale.

We foolishly thought all we needed to do was transfer the title.

Answer 1

Did you all have a contract for the sale of this car? If you did and it clearly states that this was a "parts car", then you shouldn't have anything to worry about. Just the fact that he came with a tow device shows that he knew this was not a driveable car.

I really don't see how you could be held liable if this guy sells the car to be on the road. It would be on him because he is the seller and he should have inspected the damage to see whether or not it was able to be driven on the road.

I am hoping you have a receipt for the transaction. Since the price is really low, you should be able to make a case stating that this car was being sold for parts, not for driving.

I don't think you have anything to worry about. Just keep all of your paperwork and documentation together. Any conversations with the buyer should be documented with the date, time, and what is said. This way you can have some evidence to make your case if no contract was written for this sale.

Once he sells the car, he is the one that is liable, not you.

I really hope everything works out for you!

Answer 2

1

Answer 3

If you sold the car, as is, for parts, and then notified the DMV that it is no longer your vehicle, you are not responsible for the car any longer. And, being a notary myself, I know you can't notarize your own signature.

Go to the DMV page for your state, and look for the form that tells them you sold a car, fill it out and send it in. It may cost a small amount to do it, but the peace of mind is worth it. Oklahoma form is here if you'd like to see ours.

http://www.tax.ok.gov/mvforms/773.pdf

http://www.dmv.ca.gov/vr/sell.htm is CA requirements. Just find yours.

Answer 4

That's the buyer's problem, not yours. However the issue with the buyer signing as notary IS highly questionable. Just notify the DMV of the sale in case the buyer doesn't register or title the car.

Answer 5

You have the money, right? He has the car. Don't worry about it. There are more pressing problems, I am sure, that you need to worry about. Like what kind of beer to drink while watching the afternoon football game on TV.

Answer 6

require him to sign a hold harmless agreement even if you have to bring him to court to do it.
purchase it back from him part it out yourself and then crush the rest.
call "lenny the torch" to make problem disappear. [just kidding]

Answer 7

i'm sure you have a bill of sale, so forget about it, it is not your problem.

Answer 8

you sold it its gone,,forget it