ethannnn

Hello, I was wondering if anyone has experience dealing with dealers who sells cars and fail to provide title. I recently purchased a 1996 Porsche 993 from a dealer in Texas. I am in California so I made the purchase relying on the salesman's word. Foolish looking a back but the dealer sold very high end cars so I assumed they were legit. Among other misrepresentations, the salesman told me he had title before I sent full payment. After the sale, it's one excuse after another, giving me the run around and now he avoids my call. I'm pretty sure the dealer used my money to pay other debts. Any suggestions on how to proceed? I found the car on Autotrader and Ebay. I'm about to file complaints but I think I need a lawyer to get results. It's been over 30 days, I cannot register my car, and the dealer is to unwilling respond or do anything.

rk-d

Contact the DMV and find out the situation with the title. Did the dealer have the title or was he selling on consignment? At that point, you may need to get authorities involved. Obviously getting a lawyer makes sense at this point when the dealer is freezing you out. It’s been over 30 days, so now this is becoming a potential cause of fraud.

ethannnn

The dealer is Empire Exotic Motors. I sent the salesman and the general manager an email stating if I dont receive title this weekend, I'll be seeking legal counsel. I'm pretty sure they'll ignore my email because I found Better Business Bureau complaints similar to mine. I think this is how they do business and probably know all the tricks.

Twilightblue28A

I am happy to help.
Q:You purchased your car from a Texas seller?
Q:The seller was a dealer, correct?
Q: You were provided a bill of sale? Assuming that you were provided a bill of sale, did the bill of sale identify the car purchased, year, make and model? Is the vehicle identification number (VIN) identified on the bill of sale?
Q: What method of payment? Check or wire transfer?
Q: Did you identify on your check or wire transfer the purpose of the sale? Example for purchase of x year Porsche VIN number or other identification that your payment was for a specific car?
Q: If you paid by check, who endorsed the check. If you do not have your endorsed check, request a copy of both sides from your lendor.
Q: Do you have any correspondence, notes of telephone conversations, dates and time conversations took place, and what was asked as well as response(s) from the seller?
Q: Is the seller in bankruptcy?
You also wrote that you are from California and the vehicle was purchased in Texas. Q: Did the purchase occur intrastate or interstate? Intrastate is defined as within the State of Texas, Interstate is defined as a purchase outside of the State of Texas?
Q: The purchase price? I understand you mat want to keep that information close to your vest.
Q: Who has possession of the car purchased?
Please respond to the questions asked above. Sorry, this is not a deposition. I am simply trying to gather facts.

ethannnn

Seller is in TX.
Seller is a dealer.
I have the bill of sale with year, make, model and VIN
I paid with credit card deposit and balance by wire transfer
I salesman said he had title but that was over the phone. Regardless I dont think this lets the dealer off the hook.
I dont think the dealer is in bankruptcy.
Interstate, the car was transported to me after I made payment.
I paid over $50k.
I am in possession of the car.

You may want more information which I may prefer to reveal directly. Thank you for your help!

Twilightblue28A

I hate to sound skeptical, but if the sale was an internet sale, we have no idea whether or not the seller owned a car or if the seller sold a car to the purchasor that wasn't rightfully saleable.

Twilightblue28A

.ethannnn,
Did you physically see the car in Texas or was the car purchased sight unseen over the internet /Ebay?

rk-d

A title search should reveal the status of legal ownership and any liens, I believe. I think you can do this online for Texas cars.

Twilightblue28A

And if you purchased the car over the internet, was the purchase made by way of Ebay?

ethannnn

I did not see the car prior to purchase. The transportation doc says it was picked up in Addison TX. I'm pretty sure this dealer does exist.

Todynot

It may have been a consigned car that had a lien on it that needs to be paid before they can get you the title. If this is the case, they certainly should have told you, but is a possible scenario. Good luck.

Texas RS

Their BBB rating is a C and there are a number of complaints from people that traded cars and the dealer was slow to pay off the balance on the trade-in.

ethannnn

I did call the Tx DMV a few weeks ago and I believe they said there was no lien. The carfax said it was it was in dealer inventory whatever that means.

Alan Smithee

Sure sounds like a consignment sale. Did the car come with any records/receipts having the current owner's contact info? If so, I would reach out to him/her. Best case is as above...loan/lien needs to be paid before bank releases title, and that is in the works. Worst case is the owner is not releasing the title before he/she receives funds...which may have gone elsewhere.

Twilightblue28A

ethannnn,
My primary concern is that the seller is the rightful owner/seller of your car. For example, especially with internet sales, you may purchase a car for which the seller had no authority to sell. An example: a customer's car advertised on the internet, photographs etc., for which the seller had no authority to sell. Similar private sales, in which the car is photographed and offered for sale, purchased, and the car was never owned by the seller, instead the sellers brother, and title can not be cleared because the seller never owned the car.
Additionally, the dealer may have been granted a loan, and titles may have been provided as secured interest to the lender to guarantee payment.
There are many variables delaying delivery of titles.
I need approximately one half (1/2) hour to eat dinner.
I will get back to you.