Buying out of state
#46
#47
Racer
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Fuddman: I tried: Today I was on hold for nearly 2 hours with the general DMV line before I was disconnected. The automated message said there was a 2 1/2 to 3 hour wait time. I later found out the documents were supposedly sent to the Wethersfield office. I will try that office tomorrow.
You are correct about California verifying the out-of-state shipment. The dealer has a contract that states they cannot start the registration process until they have that confirmation.
I wonder if anyone can comment with respect to the legal situation around releasing the old title? The dealer and the title service say it's illegal to release the document with the previous owners name to me.
You are correct about California verifying the out-of-state shipment. The dealer has a contract that states they cannot start the registration process until they have that confirmation.
I wonder if anyone can comment with respect to the legal situation around releasing the old title? The dealer and the title service say it's illegal to release the document with the previous owners name to me.
Last edited by n8kruger; 08-28-2018 at 10:22 PM.
#49
SJW, a Carin' kinda guy
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It is illegal to release an old title with prior owner information without the owner’s ok release to that info.
I an not sure how california works, around here, when a dealer takes a car on trade, the owner signs over the title to the dealer and the dealer then transfers to the new owner. The dealer does not get a title, it has the previous owner’s title. This gets complicated if the owner does not have the title because of a lien.
If the title is lost, the previous owner has to apply for a new title and sign over the replacement to the dealer.
My first step would be to email the dealer and give them X days to get me a title (the lesson here is not not let dealers do paper work) and I would say that I will file a complaint with the California department of consumer fraud (or whatever California calls it) as well as the licensing body in California for car dealers. That tends to motivate people.
I would also truck on down to the conn. DMV and explain my situation and see what they say.
My home state has an excellent DMV that processes pretty much everything in two weeks door to door, often less and has privatized many of the other functions through tag agencies. I have, however, had titles lost in the mail and it is not fun. I was able to get a replacement in a week once I knew it was lost (the DMV mailed me a title as they had a record of it being issued, but it never showed up — $1500 car so no big deal).
I an not sure how california works, around here, when a dealer takes a car on trade, the owner signs over the title to the dealer and the dealer then transfers to the new owner. The dealer does not get a title, it has the previous owner’s title. This gets complicated if the owner does not have the title because of a lien.
If the title is lost, the previous owner has to apply for a new title and sign over the replacement to the dealer.
My first step would be to email the dealer and give them X days to get me a title (the lesson here is not not let dealers do paper work) and I would say that I will file a complaint with the California department of consumer fraud (or whatever California calls it) as well as the licensing body in California for car dealers. That tends to motivate people.
I would also truck on down to the conn. DMV and explain my situation and see what they say.
My home state has an excellent DMV that processes pretty much everything in two weeks door to door, often less and has privatized many of the other functions through tag agencies. I have, however, had titles lost in the mail and it is not fun. I was able to get a replacement in a week once I knew it was lost (the DMV mailed me a title as they had a record of it being issued, but it never showed up — $1500 car so no big deal).
#50
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"This manual is designed to provide dealers, registration services, financial institutions, and other vehicle industry with vehicle and vessel registration transaction requirements..."
Here's the manual - https://www.dmv.ca.gov/portal/dmv/de...g_hdbk_pdf/toc
Your interested in Ch. 8 Report of Sale - Used Vehicles (PDF)
Specifically, "Used Vehicle Sold for Registration in Another State," Chapter 8.050. This lays out all the forms the dealer (or Service) needs to send to the DMV to transfer title.
Know this:
The dealership must turn over the title to the vehicle no later than 15 business days after the dealership has received full payment for the vehicle. The payment can be made by the buyer or the buyer’s bank. The dealership must mail, transfer,or deliver the title to the buyer who is lawfully entitled to transfer of ownership. Cal.Veh. Code § 5753(c)(1).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
#51
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Originally Posted by fuddman
In case your interest takes you to this depth - CA DMV manual instructing dealers on transferring title
"This manual is designed to provide dealers, registration services, financial institutions, and other vehicle industry with vehicle and vessel registration transaction requirements..."
Here's the manual - https://www.dmv.ca.gov/portal/dmv/de...g_hdbk_pdf/toc
Your interested in Ch. 8 Report of Sale - Used Vehicles (PDF)
Specifically, "Used Vehicle Sold for Registration in Another State," Chapter 8.050. This lays out all the forms the dealer (or Service) needs to send to the DMV to transfer title.
Know this:
"This manual is designed to provide dealers, registration services, financial institutions, and other vehicle industry with vehicle and vessel registration transaction requirements..."
Here's the manual - https://www.dmv.ca.gov/portal/dmv/de...g_hdbk_pdf/toc
Your interested in Ch. 8 Report of Sale - Used Vehicles (PDF)
Specifically, "Used Vehicle Sold for Registration in Another State," Chapter 8.050. This lays out all the forms the dealer (or Service) needs to send to the DMV to transfer title.
Know this:
The dealership must turn over the title to the vehicle no later than 15 business days after the dealership has received full payment for the vehicle. The payment can be made by the buyer or the buyer’s bank. The dealership must mail, transfer,or deliver the title to the buyer who is lawfully entitled to transfer of ownership. Cal.Veh. Code § 5753(c)(1).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
Wow. Great info
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15 days!
#52
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In case your interest takes you to this depth - CA DMV manual instructing dealers on transferring title
"This manual is designed to provide dealers, registration services, financial institutions, and other vehicle industry with vehicle and vessel registration transaction requirements..."
Here's the manual - https://www.dmv.ca.gov/portal/dmv/de...g_hdbk_pdf/toc
Your interested in Ch. 8 Report of Sale - Used Vehicles (PDF)
Specifically, "Used Vehicle Sold for Registration in Another State," Chapter 8.050. This lays out all the forms the dealer (or Service) needs to send to the DMV to transfer title.
Know this:
"This manual is designed to provide dealers, registration services, financial institutions, and other vehicle industry with vehicle and vessel registration transaction requirements..."
Here's the manual - https://www.dmv.ca.gov/portal/dmv/de...g_hdbk_pdf/toc
Your interested in Ch. 8 Report of Sale - Used Vehicles (PDF)
Specifically, "Used Vehicle Sold for Registration in Another State," Chapter 8.050. This lays out all the forms the dealer (or Service) needs to send to the DMV to transfer title.
Know this:
The dealership must turn over the title to the vehicle no later than 15 business days after the dealership has received full payment for the vehicle. The payment can be made by the buyer or the buyer’s bank. The dealership must mail, transfer,or deliver the title to the buyer who is lawfully entitled to transfer of ownership. Cal.Veh. Code § 5753(c)(1).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
If the dealership fails to deliver the title within 15 business days, the dealership, upon written demand by the buyer, must pay the buyer $25 per day for each day that exceeds the 15 business day deadline up to a maximum of $2,500. However, if the dealership fails to pay this amount within 60 days following a written demand by the buyer, the amount can be tripled, and the buyer could receive a maximum payment of $7,500. In addition, the buyer shall be entitled to costs and reasonable attorney fees incurred in any court action brought to collect the payment. Cal. Veh. Code § 5753(e).
#53
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Cali is weird. The only way (if you are out of state and plan to register the car in a state that is not California aka Taxifornia ) is to have the car shipped out of the state on a car carrier. In this case you had the car shipped out of state therefor no CA sales tax. If you want to lets say road trip the car back home, then you're stuck paying Cali sales tax. Its craziness. Every other state I know of you're an out of state buyer, you're on the hook for taxes when you get home and register it. Some dealers near the state borders are better and know how to handle an out of state deal. I had an instance once with an Audi dealer, out of state that botched the paperwork. (I live in a state which allows a tax credit for trade ins) I had the state dept of taxation auditing my *** because they thought I underpaid the sales tax. These idiots forgot to mention the trade in the paperwork they sent to the state. After I faxed the state my copy of the paper work that did show the trade, a copy of my old vehicle registration card and screen shot from their own website advertising my old car for sale they closed up the audit and let it go. Super annoying. This porsche dealer is really unprofessional, lawyer up and let them have it.
#58
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I live in Florida and have purchased Audi's, a GMC pickup and a Porsche in Georgia and South Carolina. In neither state have I paid that state's sales tax. When returning back to FL, the registration in FL included the payment of FL sales tax. The purchase of a new Porsche in Columbia SC was particularly strange since I paid NOTHING and drove the new car home.
My wife and I were driving our 1987 911 Coupe through Columbia on Christmas eve, 1989. I saw a Porsche dealership and asked my wife if we could stop to look at their inventory. The had a gorgeous black-on-black 1989 Targa in the showroom. I asked the wife if I could talk trade with the dealership. She said "go for it". I did and got a great trade with the dealership. The problem was I did not have my title or that much money in my checking account. They said, "no problem" and let me drive the Targa back to FL without paying a nickel or signing my '87 over to them. I nervously but carefully rushed home the day after Christmas, put together a personal check and the title and FedEx'd all to the dealer. Imagine the risk the dealer in SC took?
There are some good stories out there.
My wife and I were driving our 1987 911 Coupe through Columbia on Christmas eve, 1989. I saw a Porsche dealership and asked my wife if we could stop to look at their inventory. The had a gorgeous black-on-black 1989 Targa in the showroom. I asked the wife if I could talk trade with the dealership. She said "go for it". I did and got a great trade with the dealership. The problem was I did not have my title or that much money in my checking account. They said, "no problem" and let me drive the Targa back to FL without paying a nickel or signing my '87 over to them. I nervously but carefully rushed home the day after Christmas, put together a personal check and the title and FedEx'd all to the dealer. Imagine the risk the dealer in SC took?
There are some good stories out there.
#59
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Sorry to hear this. I've purchased 2 out of state. I live in NY, the first one was a Texas car, the 2nd Pennsylvania. Absolutely no problems with either car. It's the dealer, CA BS. Elevate it, call PCNA, and get the manager of that dealership on the phone. This is nonsense.
#60
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If the finance company has already paid the selling dealer, there is limited leverage over the selling dealer on the part of the finance company. Contract is between the finance company and the buyer (OP).