My advice would be to check with the DMV to see what the actual title laws are. That said, you may want to ask why the owner never titled the car in his name.

 

that is technically not legal, though people do it everyday.

I've bought a car like that without issue is PA bringing a car in from another state, never with a car already in PA since PA is so strict. .

If it was a car you were dead set on buying, I would put something in writing that the sale was contingent on you getting the clean and clear title in your name.

 

Go to the DMV, tag service, whatever with the title and a certified check for agreed price. If title flies, hand him the check. Odds are near 100% it is good.

 

Your DMV in your state is the only one who can answer that question.

 

Check with the DMV in your state. Usually it is illegal to "jump" titles. If you both appear there at the same time, you may be able to straighten it all out.

 

The other thing the DMV can check with in regards to the title is if it's the current title and not a duplicate. In MN by law as the seller you have to tear off a portion of the title, fill out the buyers name and address and send it in to the state.

 

 

I practiced criminal law for 38 years. Almost all was as a defense attorney but my last gig was as a prosecutor. I ALWAYS filled in the title when I traded a car. Some dealers didn't like it but I said no way am I giving you an open title. There could be insurance issues or something wrong with the title. As others have said check thoroughly with your DMV.

 

Theres a name for it, "curbstoning"
Here in florida its illegal to both leave it open and to buy with it open unless a legitimate dealer.

Im not a lawyer just superstitious and i know people do all kinds of illegal stuff daily and do not get caught doesnt mean i want in on it those risks.

In the case of a vehicle with an open title it took a possessor or several possessors out of the paper trail, and look at this angle my DMV explained to me.

Tom sells car with open title to dick the off the radar flipper, the car is still in toms name, hes still liable,
Now who knows what dick did to the car, we know he likes to skirt things not placing title in his name but can we trust him on other matters?
During this open title limbo tom could contest it.
Now harry wants to buy the car, when he places his name on that open title there is a part stating that harry is swearing to his knowledge all the information is correct, in signing it Harry just lied, because the title is in toms name a guy he never met and hes not buying from tom hes buying from dick, so harry has to be okay with signing his name to a lie which is in turn part of an illegal activity

I wont sell a car open title or buy one open title im just too superstitious,
I would ask the seller to get the title in their name and i will buy it,
Way too many cars to choose from to risk problems by breaking the law but thats just me.

And if dick wants to buy cars to flip, he shouldnt cheesedick it he should either title them in his name or get a dealers license.

It boils down to if your state is same as florida and if so you are okay breaking the law.

 

 

if the guys name is not on the title, he does not own the car. simple as that.
if there is a bad trail or something branded on it, then you are screwed. the previous owner to the seller did his duty in good faith, the current owner did not.. the previous owner does not want to hear from you.
lower the price for the car accordingly for the risk you are taking.
put an exception in the sale contract that given that the car title is not clear and marketable, then you can return it for a full refund.

if you call the dmv and ask any questions, they may flag the vin and you are again screwed.

 

Except for getting a lower price and or clause in a contract for an illegal transaction will get laughed at in court,
Wasted time and money.
Like on Cops when the junkie bitched to the LEO a dealer cheated them on a crack deal.
In florida its illegal to buy or sell an open title with license dealer exceptions.

I like your line about the previous owner did right and signed the title and doesnt want to hear from the next buyer , ill add, especially since the next buyer is paying more for it than they got for it from the flipper.

 

 

Im curious did it work for you, i mean did they pay it and call you,
I had it happen on a few kit cars one guy said no the other cussed and threatened me, others i never heard from, missed a car i wanted badly.

 

Are you willing to take the risk?

 

2 ways. One I mentioned earlier. The other, go to the address of owner on the title. See if he will even talk to you. Ask if the guy who has title now if that is the guy he sold it to. There could be several people in between. 3rd option. Tell current owner to title it and you will talk when his name is on the title.

 

No way. He is not the legal owner until it's transferred. If he had a dealer license that would be one thing but not private party.

 

many states do not even do titles for cars or cars this old. then you get an easier transaction. but transacting from a title state to a title state then you gotta play more by the rules.
transacting to or from a title state to or from a non title state is a lot of times a bureaucratic mess. same for emission controls..
all sorts of threads on this forum regarding cars for sale with no titles & bill of sale only, transactions across borders, projects, wrecks, emissions testing from one state to another, etc..

 

Personally, I will not buy a car with an open title nor will I sell a car with an open title. In Indiana, the sellers legal obligation to fill out the transfer of title completely is spelled out very clearly. The employees at our BMV branches inspect the titles VERY carefully to ensure it was filled out in whole BY THE SELLER. If the BMV suspects discrepancies, and they'll send you out the door with a laundry list of things they now require (including getting a signed affidavit from the owner of record on the title) without conducting a transfer of title. I have seen this happen.

Now blue67ragtop , if you feel buying an open title car is something you are comfortable with, you think your BMV or DMV won't pay close attention to the title when your sitting there, and you feel like rolling the dice, then go for it.