Quick legal question about bill of sale

[Andres2882]

Hey guys, quick question for anyone in the know. I'm looking to pick up a new vehicle but the ownership situation is a bit tricky. The guy who I'm buying the bike from is technically selling it for his brother, who has lost the title and is applying for a duplicate. If I get a signed bill of sale from the brother is that enough legally to keep them from taking my cash and then reporting the car as stolen or something like that? What can I do to protect myself? Thanks for any input.

 

[87'GTstang]

Type up a contract stating everything from make, model, year, VIN, date of purchase, miles, how much you paid and in what denomination, and yes - both signatures. That's about as legitamit as it gets.

 

[Andres2882]

So basically I cannot get screwed out of my cash/car if I have a signed bill of sale with enough detailed info?

 

[89MustangGX]

I wouldn't go with just that...I hope if someone walking into the DMV with a piece of paper that said I sold my car to them the DMV wouldn't just register it and tell them it's theirs.

 

[strtracer442]

the only way his brother can sell it for him is if he has a signed power of attorney from the brother(the owner of the car). You will not be able to switch the ownership of the car to your name without a title signed by the current owner,or a title and the legal paperwork that says his brother has the legal right to sell it to you.A reciept with alot of explanation and a vin # and a signature of a non owner will only help you when you have to go to court and sue the guy because he took your money and couldnt deliver legal title to the car
In this day and age(computers),replacement titles are not difficult to get from the dmv, you just have to prove you're the owner and they issue a new title that states its a replacement for the original.
If his is claiming they are having a hard time getting a title something is fishy.

 

[Michael Yount]

ABSOLUTELY - do not hand over any money until he has clear title and can sign it over to you, and do not take posession of the car until the money for title issue has been resolved. There is no way around it - no contract or 'bill of sale' is gonna protect you -- if he can't get the title. Don't even think about it no matter how bad you want to own the car. No clear title - no money. Period.

 

[WMDPALMER]

I ouwld call the DMV and see what the procedures are for obtaining a replacement Title. It may ba as simple as you both physically going to the DMV to square things away. Good luck!

Will