Registration of vehicle

[Inquisitive1]

Jurisdiction

Colorado

I sold a vehicle with a title/bill of sale signed it to the guy in good faith, with a payment deadline. He hasn't paid or transferred title to date. Can I pick up duplicate and retrieve vehicle?

 

[army judge]

He hasn't paid or transferred title to date.

Do you mean he hasn't paid you in full, or he hasn't paid for and effected the title transfer with the state?

 

[Inquisitive1]

He hasn't paid in full or transferred title to himself and is driving it. Unplated, off-roading. In another state.

 

[mightymoose]

Has he paid you partially?

This is your blunder for signing over the title before full payment.

You likely are not in a position to retrieve the vehicle but you can sue if owed money.

 

[Inquisitive1]

Yes, partially. As well as intentionally deprived me of a major portion of the payment. It was $3,200 in brand new tools and cash. A specific tool set which was 903 pieces. He gave me half of them and left before I could seriously count them out. Sad day for me I guess. Said he'd be right back and then called with an, issue, "elsewhere". I noted on the invoice there was a balance due and court costs incurred would be his. He signed it. Probably not going to help me either. Thought there could be fraud or something.

 

[army judge]

Yes, partially. As well as intentionally deprived me of a major portion of the payment. It was $3,200 in brand new tools and cash. A specific tool set which was 903 pieces. He gave me half of them and left before I could seriously count them out. Sad day for me I guess. Said he'd be right back and then called with an, issue, "elsewhere". I noted on the invoice there was a balance due and court costs incurred would be his. He signed it. Probably not going to help me either. Thought there could be fraud or something.

The money could end up being small potatoes if he crashes into a family, a mother walking her child, or a school bus full of five year olds.

The car is legally yours, because you still are the TITLED owner.

He's driving it uninsured, and doesn't impress me a very solid citizen.

Before I get you in hot water by suggesting a couple of things you might try, visit your local police or sheriff and meet with a detective.

Better yet, because ALL things vehicular and motoring is their speciality, the state police or state trooper pst (if one is near you).

Ask to meet with a detective, tell your story, ask if any laws have been broken.

You could also meet with a lawyer in your county and how you could proceed legally.

If I were you, I'd want to get the LIABILITY GORILLA off of my back, and potentially out of my wallet.

Let us know what you learn, and then I'll chime in with my ideas.

Who knows, maybe others have better ideas anyway and you won't need my whacky suggestions?

 

[Inquisitive1]

I will do that this afternoon. Thank you for your advice. (Getting with detective.)

 

[mightymoose]

When you sell a vehicle and sign over the title YOU have a responsibility to report the sale to the state to indicate you are no longer liable for the vehicle. You apparently did not do this and should do so immediately. You should NOT have given the title without obtaining full payment.

Do not attempt to recover the vehicle. You have accepted payment and signed over the title. It is not yours to take.

If you can't work this out with the buyer your only option is to resolve it in court. Do you have anything documenting the agreed price or promise to pay? Do you at least have a coy of an ad showing the sale price? If not, you may really be at a loss with this one.

 

[mightymoose]

The car is legally yours, because you still are the TITLED owner.

Not if he signed over the title releasing all interest and liability in the vehicle.

 

[Inquisitive1]

Yes, signed invoice. With description of payment, tool set, and due date.

 

[mightymoose]

Yes, signed invoice. With description of payment, tool set, and due date.

You have what you need for small claims court. Do some research into the means to collect if you are successful obtaining a judgment against the buyer. For in small claims if you can't work out out without going to court.

You've sold the car and released the title. Police aren't gong to be able to help you. This belongs in civil court.

Definitely report the sale to your state agency without delay.

 

[army judge]

Not if he signed over the title releasing all interest and liability in the vehicle.

Signing off on the title requires more than a signature.
There's a generous amount of paperwork with the DOT/DMV plus if the signed off title is taken out of the originating state without effectuating the process, that complicates the matter.

The job isn't done until the paperwork has been completed.
This case is quite complicated for several reasons giving rise to many doubts as to the legality of the intended outcome.

 

[Inquisitive1]

He took the truck to n.m. from co. I asked him about the title transfer and he's essentially ignoring me. Acting like he's paid me although I have the unpaid balance invoice and his signature but not much else.

 

[Inquisitive1]

About 40 miles across state line.

 

[army judge]

He took the truck to n.m. from co. I asked him about the title transfer and he's essentially ignoring me. Acting like he's paid me although I have the unpaid balance invoice and his signature but not much else.

You could sue him for the balance you allege ge owes in a CO small claims court.
However, he's in NM.
He could be one foot across the state line into NM, he's as hard to serve there as he would be along NM's southern border.
A general rule, its almost impossible to sue a person outside of the state in a small claims lawsuit.
Furthermore, should you serve the person, prosecute a successful lawsuit, receive a judgment for $5,000, enforcing that judgment across CO state lines is another statistically impossible feat.

Not to beat a dead horse, but the biggest problem for you to overcome (aside from the ones pointed out above) is signing the title over to him BEFORE being paid in full, and giving him the vehicle was the cherry on delicious hot fudge sundae you served.

Even if he were to get served in CO, during the lawsuit he could say he paid you in full.
YES, people LIE is small claims courts to win their cases.

His argument would also be well received, because logically no one gives the buyer of a car a lien free title, unless the car has been paid for in full.

I see a difficult path ahead for you, mate.

I also see legal liabilities if he were to get into a collision and hurt, maim, or kill someone; or destroy their property.

Why?

Because he never effected the proper title sign off.

Frankly, he's sitting pretty in many ways, sadly for you.

Practitioners of the world's oldest profession never deliver the "product" UNTIL their "client" has paid in CASH in FULL.

 

[Inquisitive1]

He wasn't supposed to leave the state his address is colorado. That is also on the invoice until paid in full. Thanks for your input.

 

[Inquisitive1]

He wasn't supposed to leave the state his address is colorado. That is also on the invoice until paid in full. Thanks for your input.

Thanks everyone for all this information!

 

[army judge]

He wasn't supposed to leave the state his address is colorado. That is also on the invoice until paid in full. Thanks for your input.

Your response only buttresses the admonition ALWAYS get the money owed in full, before you hand over the goods.

Remember back when you were 10 or 11 years old?

If you and a pal made a deal, you handed over the items you were trading at the exact same time, just to keep it fair!

Somewhere along the way towards adulthood, we forget so many lessons of youth.

 

[txls]

In order to get the title out of your name, he will have to cooperate. However, you can report the sale to the state in order to mitigate your potential liability. Google it or call the local DMV.

 

[army judge]

Dear OP:
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In the future, make sure you follow these steps when you make a private car sale.
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Plus, get ALL of the cash for the vehicle BEFORE you give the person the title.
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Colorado Vehicle & Car Title Transfers | DMV.org
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When You Sell a Vehicle
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When you sell your car or other motor vehicle, you must give the buyer:
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The CO vehicle title, PLUS:

All owners' of the vehicle must sign away their title rights.
The date of the sale must be noted.
The price paid for the vehicle must be included.
The odometer reading at the time of sale must be noted.
The name and address of the buyer must be shown.
An emissions inspection certificate IF the buyer's county requires one must be provided.
Contact the county's motor vehicle office to be 100% sure what else might be required.

A Bill of Sale must be given to the seller if:
The buyer has to drive the vehicle before it can be registered because the sale has taken place after normal business hours.
There is no space for the odometer reading on the title.

OR

You and/or the buyer want proof that the vehicle was bought.
Be sure that you keep your license plates, which you can usually transfer to your next vehicle. They buyer is responsible for completing the auto title transfer with the CO DMV and pays the vehicle title transfer fee.

NOTE: If you do not have your vehicle title or it is damaged, you must apply for a duplicate title before transferring it to the buyer.