Just got a bit of a situation here that I'd like some input on...
I finally got the title to my PGT yesterday and sold it. Done deal, taken care of, no problems. I go over to pick up my 240 last night from my friend's house once he got off of work. Keep in mind I am carless now, with $3000 cash in hand, and have to be to work at 8am in the morning, and my scheduled time off is when Stephen still has several hours left at his own job.
We don't BS around much, David hands me the key, I hand him the cash (down payment as I'm paying more than 3k). We start to go over the details.... he asks me if I'd be ok with making 15 payments....bringing the total price to $100 over what we'd previously agreed on. "errr...ok." I shrugged and agreed, 100 isn't THAT much. But that was potential mistake #1.
Our other friend, Donald, is busy making up an official bill of sale. As this is completed, I'm informed that I will not be acquiring the title until the car is paid for in full ($5100). I ask how I'm supposed to get a license plate without a title. I'm told I can't. Stephen mentions that bills of sale are good for 45 days. I'm assured a new one will be made up after this one runs out. Hesitant, but seeing the possible logic, I again shrug and continue forth. Potential mistake #2.
So now, after having spent a little more time with the car, naturally the small "issues" with it are becoming more apparent to me. Like the door dings on the driver's side. The very tweaked-with wiring system (driver window likes to randomly auto-down when I crank the car...has also gone down during an interstate downshift), the factory CD player that rejects 90% of my burned CDs, the 4 blown speakers, the scraped paint on the roof from a sunroof wind blocker, the muffler that needs to be replaced, air filter that is rather torn up.
The more I thought about the whole thing today after everything had gotten to soak in a little more...the more I began to think "gee...yeaaaah. "
I do not wish to drive around for potentially a YEAR without a license place. Even doubling up on my payments to David will put my taglessness at 7 or 8 months. I will not be without a legal license plate until then...I live in a small area 2 minutes from a police station. The local cops WILL catch on, whether I'm pulled over or not.
I'm going to talk to my friend tonight who is involved with the legal system here in SC and see what he found out for me regarding the tag issue. I'm also contemplating speaking with David and either A. asking for a reduction in price for the car (even one payment less would please me), B. flat out asking for my money back if I can't get the title before I've paid off the car.
I've paid over HALF of the final price. He knows where I work and live, I don't think I'm out to rip anyone off.
So thus, I'm open to advice. Anyone been in this situation before...what with making payments to a private party? What do y'all think I ought to do? I really don't want to give the car back....I'm having plenty of fun with it. I love RWD...nothing like feeling wheelspin from BEHIND.
Anyway...sorry this was so long but I thought I'd be thorough in my explanations. How should I go about handling this situation?
Complications *already*
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blink0r
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If i were you, I'd tell ask for the title of the car NOW, since you've paid over half of the total. You need the title to properly license the car and drive legally. If he argues, tell him you'll see him in court, simple as that.
If you really had to fight it, you'd get your money back and he'd get the car back. That would suck, because you'd be carless.... but it's the only way if he puts up a fight.
If you really had to fight it, you'd get your money back and he'd get the car back. That would suck, because you'd be carless.... but it's the only way if he puts up a fight.
Update -
I just got back from speaking with the owner of the car. I do not have the title in my possession. I did, however, accomplish getting that extra $100 taken off the price, and I have the tag back on it under his registration.
I could not get the title from him because in signing the title over to me, he legally has NO pull over the car anymore. If I chose to stop making my payments to him, even in court he could do nothing about it, as I could say I've already paid him. We have a mutual friend who works for the South Carolina Department of Public Safety and has taken the Police Academy courses and is getting some sort of degree in law. He knows his legal stuff and looked into the issue on the behalf of both of us. He said there was no way I could get the title.
Getting my $3000 back was out of the question, as the seller's fiancee already spent $2000 to pay off credit cards.
I do feel better about the situation though, having asserted myself and getting a tag back on the car. I have been assured that with proof of registration, insurance, and my own license, I will not be hassled...especially with the bill of sale which is good for 45 days.
I wish I had the title but that is pretty much out of the question. I pointed out that I'd paid over half the price of the vehicle and he pointed out that if I were buying from a dealership, I wouldn't have the title anyway.
So I have 14 payments of $140 to make, and the registration/plates on the car are new and updated. That was my biggest concern.
Thanks for the input.
I just got back from speaking with the owner of the car. I do not have the title in my possession. I did, however, accomplish getting that extra $100 taken off the price, and I have the tag back on it under his registration.
I could not get the title from him because in signing the title over to me, he legally has NO pull over the car anymore. If I chose to stop making my payments to him, even in court he could do nothing about it, as I could say I've already paid him. We have a mutual friend who works for the South Carolina Department of Public Safety and has taken the Police Academy courses and is getting some sort of degree in law. He knows his legal stuff and looked into the issue on the behalf of both of us. He said there was no way I could get the title.
Getting my $3000 back was out of the question, as the seller's fiancee already spent $2000 to pay off credit cards.
I do feel better about the situation though, having asserted myself and getting a tag back on the car. I have been assured that with proof of registration, insurance, and my own license, I will not be hassled...especially with the bill of sale which is good for 45 days.
I wish I had the title but that is pretty much out of the question. I pointed out that I'd paid over half the price of the vehicle and he pointed out that if I were buying from a dealership, I wouldn't have the title anyway.
So I have 14 payments of $140 to make, and the registration/plates on the car are new and updated. That was my biggest concern.
Thanks for the input.
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C-Kwik
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Check your state laws to see if they allow a private party to be a leinholder on a vehicle. The guy you are buying it from would be the legal owner while you could be the registered owner. To protect the interests of both parties, you agree to a contract outlining the payments and terms of the sale. The contract, signed by both parties will hold up in court. and as far as making payments, make sure you leave a paper trail that can easily be checked by banks on both sides.
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SpeeDDrifT
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good points for Lost and C-kwik....i suggest as lost said try to get financed thru a bank for the remainder for the balance. tell the bank it's a auto loan....they will hold the title until you pay off the balance. you should be able to since your taking out a loan of only $1960....it's a S-13 right? if it's loaded the low book on it is only $2000 though, just thought you might wanna know that.
As C-kwik said.....make sure you leave a paper trail. make sure you have reciepts for ALL payments. and make you payments with checks.....not cash, not money orders. Remember to keep yourself out of trouble....don't TRUST anyone. watch some PEOPLE's COURT....heheh.
As C-kwik said.....make sure you leave a paper trail. make sure you have reciepts for ALL payments. and make you payments with checks.....not cash, not money orders. Remember to keep yourself out of trouble....don't TRUST anyone. watch some PEOPLE's COURT....heheh.
Thanks for the further input, everyone.
- The car is an S14. It's a '96 SE.
- Insurance will be in MY name. I'm in the process of having it switched over as we speak. Once the car is covered under my policy, I give him a copy of my insurance card, and he submits it to the DMV letting them know that I will be taking care of any liabilities.
- I will be paying vehicle taxes.
- In South Carolina, one cannot get a title lien unless they are buying from a corporation. No private party liens.
- I'm planning to have this paid off within 7 months. I won't be looking into a loan until I'm 18 (less than a month). My parents live across the country in OR and getting one of them to co-sign for me would be a big hassle, especially when I can do it myself in 20some days.
- Thus, considering all of this, I'm not an extension of liability for the seller, as I'll be responsible for the car, it just will not be fully in my name until it's paid off.
Thanks again for everyone's comments. I feel like I've gotten a little more sorted out.
- The car is an S14. It's a '96 SE.
- Insurance will be in MY name. I'm in the process of having it switched over as we speak. Once the car is covered under my policy, I give him a copy of my insurance card, and he submits it to the DMV letting them know that I will be taking care of any liabilities.
- I will be paying vehicle taxes.
- In South Carolina, one cannot get a title lien unless they are buying from a corporation. No private party liens.
- I'm planning to have this paid off within 7 months. I won't be looking into a loan until I'm 18 (less than a month). My parents live across the country in OR and getting one of them to co-sign for me would be a big hassle, especially when I can do it myself in 20some days.
- Thus, considering all of this, I'm not an extension of liability for the seller, as I'll be responsible for the car, it just will not be fully in my name until it's paid off.
Thanks again for everyone's comments. I feel like I've gotten a little more sorted out.