Seller of car not the person on the title

[JHBH3015]

Jurisdiction

Arizona

We purchased an 03 Kia Sedona last night for $2531.00 cash. The seller "Nick" met us in a public place (a hospital parking lot) where we test drove it, checked it over and made the offer, which was accepted. He stated that he had a clean title that was notarized and ready to go. However, this morning when I went to the MVD i was informed by the clerk that A) the title was nullified as the seller signed his name below the notary stamp, then crossed it out and B) the date of sale on this title is 16 April 2017, we purchased the vehicle last night 3 May 2017. Obviously the Notary either did not catch these errors and make an attempt t o correct them, or he may have been aware and just didn't care. The clerk stated that as the sale date was past 10 days there is a penalty for not having registereed it within that time frame. The MVD clerk printed out a Bill Of Sale for the seller to "hereby sell and transfer ownership of the vehicle above in consideration of Sale Payment Amount". The clerk also printed out a "Statement of Error" to also be filled out in the presence of a Notary Public. The guy we purchased the vehicle from ( "Nick") is a different name than that on the title, and also the city of residence is different. When my husband asked the seller "Nick" if this was all complete and accurate, "Nick" stated "Yes, it's ready to go". Since it obviously is not, my husband attempted to contact the seller "Nick" by phone and email today, and left a voice message. We doubt we will hear from him again. What actions can we take to either have "Nick" or the guy on the title make good on this and fill out the new "Bill of Sale" and "Statement of Error", or file a fraudulent lawsuit against these fellows for selling us the vehicle under false pretenses. We found the car on Craigslist (should have known better, but my car stopped running and I am a heart patient that needs transportation). We want to be able to register this van in our names or file suit against the entire lot of them for false pretenses and whatever else we can throw at them I am very upset that we were dumb enough to fall for this, but again, we needed a replacement vehicle. Please let me know what resources we would have. Appreciate anything you can give us.

 

[army judge]

Please let me know what resources we would have.

You first need to know for sure that the SCAMMER that appears to have SCAMMED $3,000 out of your hands is actually NICK.

You need to know just who "exchanged a car" for "your CASH".

You need to ask the motor vehicle agency how you can get the car properly titled and registered.

Without ever finding "NICK" (a very real possibility) you may be stuck.

This is another reason recommend NOT buying anything from someone you don't know well, or from someone you haven't IDENTIFIED (and retained PROOF of said identity) before buying anything from anyone.

When it comes to buying anything worth more than $100, I also advise buying only from licensed sellers or retailers.

There are far too many scammers out there mate to buy anything from unknown, untrusted sources.

Why?

Your predicament illustrates all that I teach.

Unfortunately, you might have to seek a BONDED title.
YES, it will cost you more money.
However, it is the quickest way to get the car registered and titled.

What is a bonded title?
...
A bonded title (also known as a lost title bond) is a certificate verifying YOUR ownership of a motor vehicle.

A bonded title serves as proof of ownership that allows YOU to proceed with transactions like: Buying insurance, registering the vehicle, or selling the vehicle.
...

How?

Here:
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Five Simple Steps: How To Get An Arizona Bonded Title
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Title and Registration
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...

 

[txls]

The most likely scenario is that "Nick" purchased the car from the title holder and never paid to transfer the car into his name. If you can't find Nick then a bonded title is probably your only hope of getting a title in your name. It won't do you much good to try and find the person on the title, unless you think they may be able to help you find Nick.

 

[adjusterjack]

I agree with the others. A bonded title is the best way to go, given the circumstances.

Today's lesson from the school of hard knocks:

Read the title before you buy and ask for the driver license of whoever is selling you the car to verify that he is the owner.

Never do the deal in a parking lot. That should have been a red flag.