sold car, buyer paid and never picked up and not able to contact.

[adjusterjack]

Legally and technically the truck does still belong to OP until title is transferred to a buyer.

Wrong.

Please post your theory as to why OP does not still own the truck.

"Missouri statute 301.190. 2. The director of revenue shall use reasonable diligence in ascertaining whether the facts stated in such application are true and shall, to the extent possible without substantially delaying processing of the application, review any odometer information pertaining to such motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the lawful owner of such motor vehicle or trailer, or otherwise entitled to have the same registered in his name, the director shall thereupon issue an appropriate certificate over his signature and sealed with the seal of his office, procured and used for such purpose."

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 301.190

The buyer is the "lawful owner" at time of purchase. The issue of a title is a formality that makes the ownership public record and allows the state to collect fees and taxes.

What there is now is called a "bailment." The OP is the "bailee" who holds the property of the owner in trust for the owner.

 

[welkin]

Wrong.



"Missouri statute 301.190. 2. The director of revenue shall use reasonable diligence in ascertaining whether the facts stated in such application are true and shall, to the extent possible without substantially delaying processing of the application, review any odometer information pertaining to such motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the lawful owner of such motor vehicle or trailer, or otherwise entitled to have the same registered in his name, the director shall thereupon issue an appropriate certificate over his signature and sealed with the seal of his office, procured and used for such purpose."

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 301.190

The buyer is the "lawful owner" at time of purchase. The issue of a title is a formality that makes the ownership public record and allows the state to collect fees and taxes.

What there is now is called a "bailment." The OP is the "bailee" who holds the property of the owner in trust for the owner.

Well the buyer can sue under the bailment but that has nothing to do with the ownership of the truck.

I think you are confusing registration with certificate of title. The statute you posted has to do with registration (license plates) of the vehicle not the ownership. To prove ownership in Missouri you need to:


To title a motor vehicle in the state of Missouri, the owner must submit the following:

1. The Certificate of Title, properly signed over to you (see instructions), or Manufacturer's Statement of Origin (MSO);
2. A signed Application for Missouri Title and License (Form 108);
3. An identification number and odometer (ID/OD) inspection, if ownership of the motor vehicle was transferred to you on a title issued by another state or country. This inspection can be completed by a Missouri authorized inspection station. A safety inspection, not more than 60 days old, will satisfy this requirement;
4. An Odometer Disclosure Statement (Form 3019), if applicable;
5. A notarized Lien Release (Form 4809), if applicable; and
6. Additional documentation may be requested at the time of titling.

Motor Vehicle Titling

This is all moot since the buyer doesn't have the truck and may never have the truck.

Missouri law requires that a motor vehicle must be titled (within 30 days of the purchase date) before it is either registered for highway use or transferred to another individual. If you do not have a properly assigned title (or Manufacturer's Statement of Origin), you have no clear legal right to the vehicle.[quote/]

 

[adjusterjack]

No, I'm not confusing registration with title and the Missouri Court of Appeals agrees with me that the "delivery" of the properly executed certificate of title to the buyer conveys ownership.

"In our view the rule followed in Greer v. Zurich Insurance Company, 441 S.W.2d 15, 23 (Mo.1969), and the cases cited therein, is decisive here: "`The requirements of § 301.210 are definite and positive; and strict compliance is required by our decisions (hereinabove cited) to pass title to any motor vehicle. Therefore, we hold that until the certificate of title properly assigned is delivered by the seller to the buyer the buyer does not become the owner.""

Case v. Universal Underwriters Ins. Co., 534 SW 2d 635 - Mo: Court of Appeals 1976 - Google Scholar

Meaning that the buyer becomes the owner upon being handed the properly executed certificate of title.

The paragraph you quoted from the DMV even says that.

The failure to obtain a new certificate by the buyer is another issue altogether.

 

[Zigner]

Legally and technically the truck does still belong to OP until title is transferred to a buyer. There may be good grounds for a civil suit under contract law though.

Please post your theory as to why OP does not still own the truck.

You are wrong, legally and technically. The ownership of the vehicle was transferred to the buyer once it was paid for and the title was provided to the new buyer. That ownership hasn't been registered with the state yet, but ownership has been transferred.

 

[army judge]

You are wrong, legally and technically. The ownership of the vehicle was transferred to the buyer once it was paid for and the title was provided to the new buyer. That ownership hasn't been registered with the state yet, but ownership has been transferred.

Some people (entities) own motor vehicles and never register them with the state or any governmental body.

Think ranchers or farmers (some of our ranch vehicles never leave the boundaries of our acreage). Some are registered and titled via the state, because we regularly need to do things to support our ranch operations.

There are many other businesses operating the same way, having done so long before motor vehicles appeared.

 

[Zigner]

Some people (entities) own motor vehicles and never register them with the state or any governmental body.

Think ranchers or farmers (some of our ranch vehicles never leave the boundaries of our acreage). Some are registered and titled via the state, because we regularly need to do things to support our ranch operations.

There are many other businesses operating the same way, having done so long before motor vehicles appeared.

Everything you have said is true...but that's not what happened here.

 

[army judge]

Everything you have said is true...but that's not what happened here.

It certainly isn't anywhere near what occurred in the top post, as described by our OP.

It is one of many reasons why some people never title or register vehicles with a state or federal agency.

Some of my relatives are Native Americans. They aren't required to register or title their vehicles, as long as they don't drive them off of the Res.

10.060 Indian Tribes/Tribal Members - California DMV

Exceptions for Registration | Department of Public Safety

 

[welkin]

No, I'm not confusing registration with title and the Missouri Court of Appeals agrees with me that the "delivery" of the properly executed certificate of title to the buyer conveys ownership.

"In our view the rule followed in Greer v. Zurich Insurance Company, 441 S.W.2d 15, 23 (Mo.1969), and the cases cited therein, is decisive here: "`The requirements of § 301.210 are definite and positive; and strict compliance is required by our decisions (hereinabove cited) to pass title to any motor vehicle. Therefore, we hold that until the certificate of title properly assigned is delivered by the seller to the buyer the buyer does not become the owner.""

Case v. Universal Underwriters Ins. Co., 534 SW 2d 635 - Mo: Court of Appeals 1976 - Google Scholar

Meaning that the buyer becomes the owner upon being handed the properly executed certificate of title.

The paragraph you quoted from the DMV even says that.

The failure to obtain a new certificate by the buyer is another issue altogether.

I will agree that the title assignment, filled out by the seller must be delivered at the time the vehicle is delivered.

"4. It shall be unlawful for any person to buy or sell in this state any motor vehicle * * * registered under the laws of this state, unless at the time of the delivery thereof, there shall pass between the parties such certificate of ownership with an assignment thereof, as herein provided, and the sale of any motor vehicle or trailer registered under the laws of this state, without the assignment of such certificate of ownership, shall be fraudulent and void." (Emphasis added).

Bonnell v. Mahaffey, 493 SW 2d 688 - Mo: Court of Appeals 1973 - Google Scholar


However, OP didn't fill out the assignment so the sale is void and OP still owns the truck.

.i filled it out but no i didnt turn it in to the dmv because he was not there to sign it and give me the rest of the information.

 

[welkin]

You are wrong, legally and technically. The ownership of the vehicle was transferred to the buyer once it was paid for and the title was provided to the new buyer. That ownership hasn't been registered with the state yet, but ownership has been transferred.

According to the case law you are incorrect. Read the case law I posted.

 

[Zigner]

However, OP didn't fill out the assignment so the sale is void and OP still owns the truck.

Oh, I understand now. You missed this (below), which explains your incorrect answers:

... i sent him the title ...

 

[adjusterjack]

OP didn't fill out the assignment

My question at the beginning was:

Did you fill out the buyer's information on the back of the title and get him to sign it, keeping a copy for yourself?

OP's response:

the truck was purchased through ebay so i never met the guy face to face.i filled it out but no i didnt turn it in to the dmv because he was not there to sign it and give me the rest of the information. only info i have from the guy is a po box.

To be fair, I can't say for certain whether leaving spaces (address, signature of buyer) that a buyer could easily complete, would invalidate the ownership by the buyer. Though I don't think so.

 

[welkin]

To be fair, I can't say for certain whether leaving spaces (address, signature of buyer) that a buyer could easily complete, would invalidate the ownership by the buyer. Though I don't think so.

If you read the case I linked to and the cases it cites, you will see that it is the seller that fills out the assignment. The seller must complete it and have the title signed by the buyer and delivered with the vehicle. That is how the Missouri courts have interpreted the law you posted.

Enough said.

 

[adjusterjack]

Whatever.

 

[craigj]

If you read the case I linked to and the cases it cites, you will see that it is the seller that fills out the assignment. The seller must complete it and have the title signed by the buyer and delivered with the vehicle. That is how the Missouri courts have interpreted the law you posted.

Enough said.

the buyer never got delivery of the vehicle. I received a duplicate title and licensed and insured the vehicle per state law. im keeping the vehicle for 5 years. im assuming after that the statute of limitations expires. if someone comes foward in that time, we can negotiate the money i spent keeping up with the vehicle and insurance paid to keep the vehicle covered. sound reasonable ?

 

[adjusterjack]

if someone comes foward in that time, we can negotiate the money i spent keeping up with the vehicle and insurance paid to keep the vehicle covered. sound reasonable ?

No, it doesn't. And no judge will award you that money because you voluntarily registered and insured the vehicle for your own use.

You could have just gotten the title, parked the vehicle in the back yard, never touched it, and it wouldn't have cost you anything but the fee for the title.

Might as well get some use out of it. You've been paid for it. If the buyer ever shows up just sign over the title, hand him the keys, and send him down the road.

 

[craigj]

No, it doesn't. And no judge will award you that money because you voluntarily registered and insured the vehicle for your own use.

You could have just gotten the title, parked the vehicle in the back yard, never touched it, and it wouldn't have cost you anything but the fee for the title.

Might as well get some use out of it. You've been paid for it. If the buyer ever shows up just sign over the title, hand him the keys, and send him down the road.

Easy to say that but, Im responsible if something happens to that truck and without insurance if something happened like a natural disaster, theft, ect. i would be liable. Home owners insurance doesnt cover vehicles.and im required to have any vehicles i own licensed by city ordinance even if parked in my driveway.

 

[adjusterjack]

I guess you'll just have to wait and see what happens.