Here's my problem I purchased a 2007 Corvette on March 17 2009, financed it at my credit union, as of today I have yet to receive the title or tags for the car, I keep calling the dealer and asking about the title and I keep getting the run around. They will be sending me my 4th paper tag for the car this week, My credit union has not paid them for the car I have made 1 payment to the credit union and the 2nd one is due the 15th of May, I was wondering if I have any recourse can I just return the car to the dealer which is what I would like to do because of the problem, the car is a excellent car, I live in Texas. If anyone has any answers please let me know.
Thanks
David

 

Shouldn't take more than a month to get tags. The title would go to the lien holder. What do you mean the Credit Union hasn't paid the dealer for the car yet? That doesn't sound right for sure. The dealer isn't going to do anything until they are paid...

 

Call the DMV and ask the question. There may be a title problem. Your Credit Union should be able to help also.

 

My credit union, will not cut them a check until they receive the cleared title to the car, They have been trying to aid me in getting this settled.
Thanks

 

The dealership may have sold the car when without possession of the title. It may take months for them to get it depending on where the car is from and the circumstances.

There may be another lien holder the dealer didn't pay off if they took in the car as a trade.

 

Did you put money down? If so then the dealer should have already sent the title to your credit union. If not then the dealer may not want to send the title until they get their money.

 

The dealer should have a paper trail you can follow. It should not take longer than a month as a rule. I would stay in close contact with the dealer and the credit union. In these times anything is possible.

 

Don't worry about it. Make your payments and drive your car. Don't worry about things beyond your control, it's not your problem, it's theirs, and it will be solved soon enough.

 

It's not your concern really to get the title...it's your lenders. Let them worry about it. If they lent you the money to buy the car then they're the ones that will take care of getting the title to secure their loan.

 

In a way I agree with calm, but this one is for real, too, depending on the conditions of the prior sale/ownership. If it came from some messed up states, it really could take months. I hope not, and probably not, but for instance, Calfornia used to take forever just to issue a metal plate.

 

This IS something you should be involved in rectifying. The credit union isn't out any money and it's getting yours, to boot. They don't care if they ever get the title, but they won't pay the dealer until a properly executed title is presented for payment by the dealer.

If the dealer is concerned about its reputation in the area they have their license, they don't want any bad publicity. AND if it's happening to you, it's happening to other purchasers at that dealership.

The title must either be messed up or they have a bunch of screwed up titles and probably 1 title clerk to clear them all up.

You don't have title to the car in your name, so it's not legally yours. You're going to need to make it worth the dealership's time to get your title to the credit union. You need to sniff around with the BBB in the town the dealership is located and the Attorney General's consumer fraud office in Austin. Find out if they have a history of title problems with the dealership and ask them what you should do.

If they can't tell you, then go to the dealership and ask the general manager when you're going to get the title. Then when that day passes, come again. Repeat and say you'll go to the media as a put-upon consumer and a shady car dealership, if you don't get your title.

Squeaky wheel gets the grease. Be resolute and bold. You want to get your title before the dealer folds up.


oz

 

The credit union will return all of his money that he has paid them if the car has to be repossessed because of any shenanigans via the dealer. Right now the car doesn't mean anything to the CU because they haven't paid for it...which means any money he pays the credit union will be returned to him if the contract is canceled on the purchase of the car.

As long as he has a BOS then he has nothing legally to be concerned with.

 

lander, I think you are correct in some circumstances, but not all. there are 50 states and each one has its own policy/practices that govern in legal matters. titles are legal matters. (so are preferred stock holders and we know how they are being treated in re GM).

I believe it's incumbent on the owner to take some action to protect his purchase. And returning it may or may not be a viable solution. if the dealer goes out of biz then someone has to reconstruct the "trail of ownership" and that's not easy.

of course, it could all be a large misunderstanding and just the normal length of time it takes. maybe. but I wouldn't rely on a bill of sale to exonerate or insulate me from all further actions against me or my property.

 

I wouldn't just sit back until somone else figures this out. A little legwork of your own might help answer your questions.

If you run a CarFax on this car, what comes back? Who shows up as the most recent holder of the title?

In Ohio you can check the title status for free on-line. I'm not sure if Texas has anything like this. It can be very helpful. Maybe a trip to your local DMV will help you find out who is currently holding the title. The last time I went through a mess like this, Ford Motor Credit supposedly had the title...but they admitted that they had lost it. They had to generate a new title for me, but all parties involved seemed to have little interest in finding out what was going on. A 2 minute phone call solved my problem.

You can't just continually issue temporary tags here in Ohio. If you don't get a "real" title within 30 days, you're out of luck.

 

this is a catch 22 for sure. I believe in Texas the dealer will not apply for your plates until they have the title work done and the sale is assured to go through. stay on the dealership to get the title to the credit union so that they can apply for your plates once the CU pays up.

 

altho I assume it is, I don't recall the OP, David, saying this is a Texas dealer or car from Texas. is it?

 

I suppose I am a bit biased in my assessment due to my location. But my overall point is even if he has to give the car back to person "X", his CU will return all of his money because they never paid for the car, so they're simply holding his payments in trust at the moment until they have their collateral (the title). He won't be in any legal liability for the car beyond the contract that he signed to purchase it which will be reflected in his BOS and accompanying papers from the dealership when he purchased it. So they can't come back to him and say "well, there was another lien on the car and you have to pay it", that won't/can't happen because he's not legally liable for the other loan, the dealership he purchased it from is.

So, as I see it, and that being from a non-lawyer (and I don't play one on TV either), worst case is he's been driving a Corvette since March that he won't have to pay anything for, not even rental, if they take it back.

At least, that's how I see it.

 

You do have some valid points, Lander. I just think he needs to cattle prod the dealer and do some sabre rattling, if the cattle prod doesn't work.

The OP hasn't said if he had a trade or put any money down, but that's another thread for another day.


oz

 

Yeah...I'd probably be visiting the dealer everyday, if not in person, over the phone and via email. I'm not sure of the time frames within the DMV laws in Texas...in SC you have 45 days to get your plates and the seller has 30 days to get the purchaser the title.

I just don't think the OP needs to be overly concerned here as long as he's dealing with a reputable dealer...I love CU's because, in my experience, they will work with you to get things taken care of.

I'd definitely be in contact with my DMV to find out what time constraints, if any, the dealer has regarding the title.

 

I just love the Internet! This is from the Texas Department of Public Safety, and according to this, I have to amend my previous statements and recommend you bring all guns to bear upon the dealership you purchased your car from...they have definitely broken state law.

Title Your Vehicle

Sellers

Vehicles are required to be titled in the buyer's name within 20 working days. Failing to properly transfer a vehicle into the buyer's name could result in the seller being held responsible for tickets, toll violations or even they could even have property seized if the vehicle was used to commit a crime. To ensure this doesn't happen to you, accompany the buyer to your county tax office and make sure file a vehicle title application is filed.

If you sell or trade-in your vehicle to a licensed motor vehicle dealer, the dealer is not required to title the vehicle under the dealership's name. The vehicle stays in your name until it is sold to an individual, which may take months or even years. To protect yourself, file a vehicle transfer notification.

Provide the buyer with a properly signed title, including the date of sale and odometer reading and a signed vehicle title application, with the sales price clearly shown. Keep detailed written records of any transaction, including contact information for the buyer, the date of sale and information on the vehicle, including the Vehicle Identification Number (VIN).

Buyers

If buying from an individual, have the seller accompany you to the county tax office to avoid any unwanted surprises. Before submitting the title application, a tax office representative can tell you if the title being signed over to you is correct and if it has any legal or salvage issues.

If you buy your vehicle from a dealer, the dealer is required to file the title papers on your behalf, so you will not have to visit the tax office. Make sure the dealer provides you with a receipt showing the vehicle has been titled in your name within 20 working days.

In addition to the title, ask the seller to provide you with the vehicle registration receipt, signed vehicle title application and any other supporting documents, such as a release of lien or power of attorney. Keep a written record that includes the name and address of the seller, date of sale and vehicle information, including the Vehicle Identification Number. Failing to title a vehicle within 20 days may result in the buyer being fined.

You must provide proof of liability insurance when you title and/or register your vehicle. If you do not provide proof of insurance, the tax office will not process your application.