Z32 just sitting in the garage! ><!!!!!

[The Mic]

Ok well my bro bought a 300zx z32 twin turbo, a bright red, t-top, about 2 mos ago. It has a short shifter and intake and a boost controller. He has had it for like 2 mos, but he has not really driven it since!! Why? Because the seller won't send him the proper paperwork to register his car under his name. I mean he paid and everything but the seller will not cooperate, he never picks up! He has not sent the papers like he said he would! What can my bro do legal wise to force the seller to cooperate in this situation?

[MinisterofDOOM]

Does your brother have they guy's name, phone, address, etc? Does he have proof that a purchase was made? If he does, he can get the guy in some serious trouble. If not, he can probably still get the guy into legal trouble. It'll just take more effort. How close is the seller of the car to your where your brother lives? Talk to the police, and whatever government organization exists to regulate private sales like that (there has to be one...there's one for everything). I'm sure they can help.

That really sucks. You could just give me the car. That way it wouldn't be taking up your garage space.

[DAEDALUS]

You mean you didn't get the tear-off sheet on the title that you're supposed to get when money changes hands? Shame shame. Call the cops. If you don't have any paper trail, the seller can claim his car was stolen, file an insurance claim and have your brother arrested.

[The Mic]

im not exactly sure what my brother has. Ill have to ask when he gets home. =\

[DAEDALUS]

To my recollection that is the only thing you need. The title is perforated. Seller writes down info on the transaction, mileage, cost, etc and signs it, and gives it to the buyer as proof of sale. The seller then takes the other part, fills out some info as a record of transfer, and then sends it to the DMV for their records and so he doesn't get screwed with any parking tickets (*HINT*). The buyer takes his portion (and proof of insurance) down to the DMV to record the transfer and get either a temp title or the actual title.

At least that's what I remember. It's been a while.

[The Mic]

tits. ill ask him in the morning then. thx for the advice Daedalus! =D

[andrave]

go to the DMV, ask em what you need. if he won't give it to you, file a claim against him in court or just go to the cops.

[Dattebayo]

Or you could just pound him into submission...

[The Mic]

Ok this is what we have to work with. The Sale contract, buyer's guide and the smog inspection report. Now how do we go about making the seller send us the goddamn Title ??

[gniknave]

Ok this is what we have to work with. The Sale contract, buyer's guide and the smog inspection report. Now how do we go about making the seller send us the goddamn Title ??

I went through the same thing when I bought my Q...in California. The seller LOST the title. The sale contract will do you good but you also need to fill out this form and get the previous owner to sign it if you can (there's ways around it if you can't): Application for Duplicate Title http://www.dmv.ca.gov/forms/reg/reg227.pdf

and the smog certification. More info see: http://www.dmv.ca.gov/pubs/bro...2.htmHope this helps

[The Mic]

thanks man. now its very unlikely we'll get the seller to sign this too, HE NEVARR PICKS UP HIS PHONE! We cant get in touch with him so... how can we get around this ? thanks, much appriciated

[MinisterofDOOM]

Run a search on google for his telephone number, area code included. This will give you his address. Do to his house. Leave a note on his frickin' windshield if you have to. Sidewalk chalk it on his driveway. Just don't give up, and don't let up. That's what he's hoping you;ll do.

[gniknave]

Take the Application for Duplicate Title (filled out by you) to the DMV along with the Smog Certification and hope the previous owner sent in the Notice of Release of Liability http://www.dmv.ca.gov/forms/reg/reg138.pdf. If he did, it'll be an easier process since the DMV will then have been notified of the sale. You should make an appointment with DMV and attempt to register the vehicle with what you have. If it doesn't work, then ask them what you can do to register it. If there's a will there's a way!

[The Mic]

heres the sad story. Im clueless as to what to do.

Well I went to the DMV to get a printed status, the lawyer wanted one so he can sue the dealer for not cooperating. So..... after a while of of waiting at the DMV, the woman writes a number on a sticky and tells me to call an investigator immidiately. So I told my brother that he should call thet number. But he says we shouldn't until we talk to the lawyer. I ask "wtf are you talking about??". What happened was that the original owner left his car at the dealer[the one we bought the car from] to have his car repaired or something. But when the car was ready, the original owner did not have any money to pay the dealer. So the dealer gave the original owner a timeframe in which he'd have to pay the money, or he would sell the car. Well the timeframe had expired and dealer did not get paid. So, after a while is when we came across the car, and he sells it to us without a mention of any legal problems, even though we asked like 10 times if this car was in legal trouble. And now were stuck with the car, that can't be driven legally. The Original owner refuses to waive his ownership so we can't do anything to register the car. My bro said, best case scenario, the car goes back to the dealer and we get a refund. The dealer isn't like a brand name dealership, just some guy w/ a parking lot really. But he's licensed. We have an appointment with my bros lawyer on Tuesday to see what can be done.

[Altiman94]

U have a sticky case on your hands. I hope it all gets resolved and you are able to get the car on the road. If nothign else, get money back to get another one.

[Florida240sx]

Isn't the car basically collateral then to the dealer? So when the guy didn't pay it got repoed? If so then you should be able to get the title shouldn't you?

[DAEDALUS]

Sounds like the dealer retained the car (per the repair contract). But he can't take legal possession without filing some paperwork first, so legally it still belongs to the first guy. But the dealer can make a claim for the title if all conditions are met.

Without title the dealer could not legally sell the car and I would hope this is enough to have his license(s!) revoked. Inquired with the BBB, the BAR and the city/county, and shut him down.

[gniknave]

Have the lawyer contact the DMV's legal department...I'll dig up the number. Also, make sure the lawyer knows some Administrative Law. It's hard to find one that can deal with cases involving DMV other than DUI and stuff like that. You guy's have a good case. That guy is going to be shut down for sure. What he did was absolutely illegal. You have the right to your money back just because of the fact he didn't disclose the reason for sale as he needs to by law. Is this your brothers only car? If it is then there's another good reason for filing a suit. Your brother can add up the amount of money he spent every day he's had to use alternative transportation because he wasn't able to legally drive the car for 2 months because he never got the title. You could sue him for double that amount.

Pursue this agressively. People like this give car salesmen a bad name. It's not fair to those who sell cars to make an honest living to have people like this around scamming and lying to customers. Just make sure you get everything (financially) you possibly can out of this case. He's gonna be shut down for sure because California's DMV Legal Dept is very agressive, but make sure he takes a hit financially too.

P.S. It may be a good idea to try to get the person who the car actually belonged to involved and subpoena them you can locate him or her. They may make a good witness since they didn't agree to hand over the title to the dealer...