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Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded.

12-29-2012 , 05:23 PM
First off, I'm certainly not against you OP, I had similar problems when I was young. If this had happened to me, I would have gone directly to the DMV and filled out the required paperwork, even if it's three months late. (BTW, I would still consider this because that car may have been used in a crime (Sorry to worry you)).

I would then have sent a registered letter to the tow yard telling them that I sold the car. I would give the name, address, date, etc. and tell them if they contacted me again I would turn it over to my lawyer. This is how an old guy would do it and it seems to work for me, lol.

At this juncture, I would place a lean on the car and then give the buyer the right to pay the lean on the car and get it back. I would be very, very nice to him and leave it up to him. Please note he can come with the police and get the car any time he wants, because it is his car. You could always take him to small claims court (which I would mention that I was going to do if he takes the car using the law) and maybe win the yard fees back.

I'm sorry you are going through all of this, but these are the things that make you smarter in the end.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:23 PM
Quote:
Originally Posted by wahoo3
he's abandoned his property and it is now yours.
How can you say something like this seriously? If it's "his property" (the buyer's) then him abandoning it doesn't make it "yours" (the OP's).

Quote:
Originally Posted by wahoo3
maybe i missed it, but what was that advice exactly?
Besides all the posts saying not to steal the car, here are some others saying what to do:

Quote:
Originally Posted by #Thinman
if only there where processes and procedures to deal with these things.

Quote:
Notice of Transfer and Release of Liability
The person who buys your used vehicle should transfer the title and register the vehicle in his or her name within 30 days, but that doesn't always happen. If the buyer fails to complete the transfer, it creates legal issues for you as the owner of record on the vehicle. To avoid civil liability or other problems, fill out the Notice of Sale and submit it to your local county tax collector's office within 30 days of the vehicle's sale.

This allows the HSMV records to show that vehicle as "sold," and releases you from legal liability. It also removes your registration information from the HSMV database and essentially makes it illegal for the buyer to operate the vehicle on public roads until it's properly titled and registered in his or her name.
Quote:
Originally Posted by Sufferinsuccotash
Contacting the buyer should be your LAST resort. <snip> Contact the DMV and get something in writing to confirm you either ARE or ARE NOT the owner of this car.
Quote:
Originally Posted by Tom Ames
If you do anything other than go to the DMV and try to get out from under the title, this will become an extremely entertaining thread.
Quote:
Originally Posted by electricladylnd
The OP needs to go to the DMV ASAP before he does anything else.
Quote:
Originally Posted by frizbeeedog
Save his FB post. Create a bill of sale. Back date it to the date you sold it to him. Sign it. Send him the original. Send a copy to the tow yard with the buyer's address and tell them the date you sold it to him. Tell them to stop collection efforts against you. Send it certified

<snip>
You should probably read this before doing anything.

Florida Statute Section 713.78 - Statutory Liens for recovering, towing, or storing vehicles and vessels.
Quote:
Originally Posted by MicroBob
Also, should still probably go to the DMV in person. I wouldn't trust this to be handled by one person over the phone. I would be there to ask multiple people if there's anything I can do...that type of thing.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:24 PM
Quote:
Originally Posted by wahoo3
as best I can tell, in order to stop his liability, he has to steal the car, so we're at an impasse. he has no legal option in this situation other than to let the fine accrue and wait for the company to send him to collections, where he pays the 1k? seems solid.
No. He was probably fine reclaiming the car and telling the buyer he could have it back for fee. It only became wrong when he reclaimed it and decided to immediately resell it. His other option was to go to the DMV, straighten out the ownership and then tell the impound lot he didn't actually own the car anymore.

Also, he said he would only give it back to the buyer for $600 - more than his fees.

Finally, lol at NLSoldier who clearly has no idea what he is talking about, so just claims everyone is trolling.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:28 PM
Quote:
Originally Posted by electricladylnd
I agree, people are acting like the OP had this plan from the start.
Maybe that's because we read the OP.

Quote:
Originally Posted by eeezzzz
My plan is to go down there again later today and pay for the expenses and see if I can possibly get the car back to my house. It is about 10 miles away.

I have thought of a few ideas I could possibly do :

1. Go to the DMV and try to obtain another title and resell the car to make my money back without ever making contact with him again.. I have the receipt of when I initially got the title in my name which was right b4 I sold the car. ( Is it possible to get another title)

2. Go to his address and tell him he can pay me the money back for all the expenses or I take you to court.

3. Go to his address and demand the title I signed over to him back and tell him the car is mine again unless you want to go to court.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:28 PM
NLS,

Nobody is trolling you or OP, this is some pretty black and white **** here.

Had OP filed what he was supposed to when he was supposed to, he'd have nothing to deal with here.

Since he didn't, he made it more of a pain for himself to straighten this **** up after the fact, but that was still his responsibility. The car and associated fees were between the owner and the tow yard to deal with. Because he didn't get things squared away when he should have, clearing that up for them might have involved a couple of discussions with the tow yard and possibly even contesting an incorrect collections attempt/report. That's what happens when you don't take care of your ****.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:31 PM
Quote:
Originally Posted by NLSoldier
ppl claiming he stole the car are conveniently ignoring the fact that the buyer obviously had 0 intention of ever seeing the car again
How could that matter? OP sold the guy the car. It's not OP's car to take back if the guy abandons it. Seriously, how do you think this makes any sense?
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:32 PM
Quote:
Originally Posted by JonnyA
No. He was probably fine reclaiming the car and telling the buyer he could have it back for fee.
i was under the impression that OP would have had no prob giving the guy the car back if he paid the fee. i still have 0 doubt that OP would have preferred the buyer go get the car and pay the fee than to pay the fee himself and get the car back. i also have 0 doubt that the buyer had 0 intention of ever taking the car back or paying any fees.

I was also under the impression that the 30 days to file the paperwork (proving sale in case of buyer no registering the car in his name) had expired, making that avenue much more difficult if not impossible.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:35 PM
wahoo,

Wrong. You don't have liability because I tell you you have liability. You have liability if you actually have liability.

He asked the tow yard if he had to pay so they said yes. Now it is on him to explain to them that he is not the owner of the car. That may involve doing some stuff w/ DMV, sending a letter, getting a lawyer involved, or even going to court. But that's what happens when you don't take care of ****.

Would be awesome if buyer just swung by his house, thanked OP for paying his impound fees, and drove the car away.

Would be interested in hearing from lawyers as to whether or not buyer owes OP those fees. My guess is he doesn't, since he clearly told OP not to do anything, but OP just took it upon himself to get the car out of impound.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:36 PM
Quote:
Originally Posted by ganstaman
How could that matter? OP sold the guy the car. It's not OP's car to take back if the guy abandons it WITHOUT REGISTERING IT, THUS LEAVING OP STUCK WITH LIABILITY FOR IT.. Seriously, how do you think this makes any sense?
ok im done for real
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:37 PM
NLS,

Once you sell me something, I own it, not you. If I leave it somewhere, you don't just magically get to take it because you once used to own it. How on earth is this confusing to you in any way?
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:38 PM
Yes if the original buyer came to me today and paid me the $421 I would give him the car.

I am not immediately selling the car. My plan is to wait till Jan 30th and see if I hear from the original buyer. Jan 30th is the date that the towing company would have auctioned off the car.

I'm not trying to make a quick buck, just trying to not be in debt and ruin my credit.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:39 PM
NLS,

I can't stick you with liability by not registering a car you sold me, that just sticks me with unregistered car fines etc. The buyer did not stick OP with any liability.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:43 PM
Quote:
Originally Posted by El Diablo
Would be interested in hearing from lawyers as to whether or not buyer owes OP those fees. My guess is he doesn't, since he clearly told OP not to do anything, but OP just took it upon himself to get the car out of impound.
Yes, the OP would likely be owed the fee. OP would likely have a valid claim for unjust enrichment - http://en.wikipedia.org/wiki/Unjust_enrichment.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:43 PM
Quote:
Originally Posted by eeezzzz
I am not immediately selling the car. My plan is to wait till Jan 30th and see if I hear from the original buyer. Jan 30th is the date that the towing company would have auctioned off the car.
So even after all this, you still don't plan on doing the right thing to make sure that the DMV knows that you sold the car and no longer own it? I am nearly at a loss for words at this point.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:46 PM
Quote:
Originally Posted by eeezzzz
I gave him a heads up where the car was and I gave him 3 days to get it. He didn't do it, so **** him. I had to take matters in my own hands. If he wants the car back he can contact me and pay me $600 which I guarantee never happens.
Why were you claiming that you would only give it back for $600 before? I think this is why people are against you, your story changes, which makes you just seem shady.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:46 PM
Quote:
Originally Posted by El Diablo

Would be interested in hearing from lawyers as to whether or not buyer owes OP those fees. My guess is he doesn't, since he clearly told OP not to do anything, but OP just took it upon himself to get the car out of impound.
This interests me as well. I'm guessing the same thing, but the OP might be able to get some sort of deal out of an eighteen year old.

Op, you are not going to get another title to sell that car unless you either lie or get the buyer to sign the title back to you.

Last edited by tylertwo; 12-29-2012 at 05:47 PM. Reason: a bit of a slow pony...
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:46 PM
You guys are *******s. OP might have gone about this is a silly way, but he did everything in good faith with the buyer. The DMV told him to do something and he did it.

OP is guilty of not transferring the title when he was supposed to. That's it. He did not steal a car.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:46 PM
Quote:
Originally Posted by NLSoldier
ok im done for real
I am 100% not trolling in this thread. I have been serious in every post. And I am truly struggling to understand the point of view of those who disagree with me on this thread's topic.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:47 PM
I have told you many times that I talked to the DMV. I have done exactly what the DMV told me to do.

Why don't you call your local DMV and act like you are in my situation. Let's see what they tell you.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:48 PM
Quote:
Originally Posted by El Diablo
NLS,

I can't stick you with liability by not registering a car you sold me, that just sticks me with unregistered car fines etc. The buyer did not stick OP with any liability.
"
Notice of Transfer and Release of Liability
The person who buys your used vehicle should transfer the title and register the vehicle in his or her name within 30 days, but that doesn't always happen. If the buyer fails to complete the transfer, it creates legal issues for you as the owner of record on the vehicle. To avoid civil liability or other problems, fill out the Notice of Sale and submit it to your local county tax collector's office within 30 days of the vehicle's sale."

am i wrong in thinking that if i don't submit the notice of sale then you can indeed "stick me with liability"?

yes OP obviously ****ed up by not filing the notice of sale, but it seems to me that the buyer had 0 qualms about leaving OP on the hook for the fees which obviously should have been the buyer's responsibility so I don't blame OP for doing what he had to do to limit his liability at that point.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:49 PM
Quote:
Originally Posted by Dominic
OP is guilty of not transferring the title when he was supposed to. That's it. He did not steal a car.
He sold a car. He took back possession of said car with the intent to resell the car if not contacted by the original buyer. I honestly can't see the wiggle room that makes this anything but theft.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:49 PM
Quote:
Originally Posted by JonnyA
Why were you claiming that you would only give it back for $600 before? I think this is why people are against you, your story changes, which makes you just seem shady.
A new title will be another $100 bucks and I had to put 2 quarts of oil and $10 in gas which is another $20. So I guess if he gives me $550 we can call it even.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:49 PM
Quote:
Originally Posted by Dominic
You guys are *******s. OP might have gone about this is a silly way, but he did everything in good faith with the buyer. The DMV told him to do something and he did it.

OP is guilty of not transferring the title when he was supposed to. That's it. He did not steal a car.
this post sums up all i've been trying to say.

i believe OP was acting in good faith the whole way, and at some point the buyer clearly stopped acting in good faith.

my position is really super simple:
i think the buyers actions of 1. not registering the car. 2. doing w/e he did resulting in the situation with the impound fees 3. having no qualms about trying to leave OP on the hook for the fees (whether OP is actually on the hook or not it seems obv that the buyer at least thinks OP is on the hook), 4. cutting off contact

are farrrrr worse than

1.not filing proper paperwork to ensure transfer of ownership in case buyer turns out to be a douche who doesnt register it
2. taking the car back after the DMV told him he was liable

Last edited by NLSoldier; 12-29-2012 at 05:56 PM.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:54 PM
Quote:
Originally Posted by eeezzzz
I have told you many times that I talked to the DMV. I have done exactly what the DMV told me to do.

Why don't you call your local DMV and act like you are in my situation. Let's see what they tell you.
It was suggested that you go there in person since this sounds too complicated for just a phone call. The thing is, you know that you sold the car, so it should seem weird to accept that you can still own the car, right?
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote
12-29-2012 , 05:56 PM
NLS: OP stuck himself with liability. It is on him to clear it up, he doesn't just get to steal the car back.

Ez: Buyer specifically told you not to do anything. It is not his problem you decided to put oil in or get a car wash or whatever the **** you did. I hope you do sell the car, wiper and co track down you and buyer, and buyer gets to push car theft charges on you plus win a civil suit against you for $800 plus fees.
Sold car 3 months ago and received towing bill for 5 plus  everyday it's impounded. Quote

      
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